CopyCited 15 times | Published | Florida 4th District Court of Appeal
...atisfied from our review of the record and briefs that there was no issue of material fact and that the plaintiff had conclusively demonstrated a right to assert a lien against the lessors' interest in the property under the provisions of F.S. 1967, Section 713.10, F.S.A....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 10395, 1995 WL 581362
...can assert a mechanic's lien against Miracle Center's property when the contract between Miracle Center and Theme expressly prohibited any contractors hired by Theme from asserting liens against Miracle's property. The statutory language at issue is § 713.10 of the Florida Statutes, which provides the following: When an improvement is made by a lessee in accordance with an agreement between such lessee and his lessor, the lien shall extend also to the interest of such lessor....
...such provision or provisions in the lease, and the knowing or willful failure of the lessee to provide such notice to the contractor shall render the contract between the lessee and the contractor voidable at the option of the contractor. Fla. Stat. § 713.10 (1993)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 14369
...The appellant argues that as a prerequisite to recovery it was not necessary that it strictly comply with the provisions of Fla. Stat. §
713.06, due to the fact that it was seeking to establish its right to a statutory lien under the provisions of Section
713.10....
...We have considered all the points raised by the appellant in its brief in light of the record and applicable principles of law, and have concluded that no reversible error has been demonstrated. Therefore, the judgment appealed is affirmed. Affirmed. NOTES [1] 713.10 Extent of liens....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...d to a lien against the lessor's interest in the leased property. Appellant, who performed work on leased property under a contract with the lessee, claims entitlement to a mechanics' lien against the lessor's interest in the leased property, citing section 713.10, Florida Statutes (1981), Anderson v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 7775, 2004 WL 1207670
...("Envision"), three companies who made improvements to the premises owned by appellant and leased to Montgomery Ward, held valid construction liens on appellant's property and directed appellant to satisfy the liens. We find no merit in appellant's first argument that the trial court improperly expanded section 713.10, Florida Statutes, by requiring that a short form of a lease that is recorded in the clerk's office contain a lessor's disclaimer of any mechanics' liens arising out of improvements made by a lessee on the leased premises....
...On April 7, 2003, the trial court entered an order consolidating the three cases nunc pro tunc to November 16, 2001. Appellant subsequently moved to stay the proceedings pending an appeal, a request which the trial court granted. This appeal followed. Appellant first contends that the trial court improperly expanded section 713.10(1), Florida Statutes (2001), by imposing a requirement that a short form of a lease that is recorded in the clerk's office contain a disclaimer that the lessor's interest will not be subject to mechanics' liens....
...l intent. Nehme v. Smithkline Beecham Clinical Labs., Inc.,
863 So.2d 201, 205 (Fla.2003); see also WFTV, Inc. v. Wilken,
675 So.2d 674, 678-79 (Fla. 4th DCA 1996) (noting that a statutory term should not be read in isolation but rather in context). Section
713.10, which is entitled, "Extent of liens," provides: Except as provided in s....
...(d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). (3) The lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park from the lessor. (emphasis added). Notably, prior to 1985, section 713.10 provided that a lessor's interest would not be subject to liens for improvements on its property "when the lease is recorded in the clerk's office and the terms of the lease expressly prohibit such liability." See § 713.10, Florida Statutes (1983)....
...In amending this statute, the Legislature obviously sought to provide a simplified and less costly manner in which lessors may provide notice to prospective contractors of their disclaimer of liability for improvements made by a lessee. We interpret section 713.10(1) as serving to protect not only lessors but also those who contract with lessees to perform services on the leased premises....
...nancial obligations for services rendered on the leased premises. If, as appellant argues, a lessor could avoid liability simply by disclaiming liability in the lease without including such a disclaimer in the recorded short form, the purpose behind section 713.10(1) would be frustrated. Furthermore, section 713.10(2), which mandates that a notice regarding multiple leases on a parcel of land include the specific language contained in the various leases prohibiting a lessor's liability, supports our interpretation of section 713.10(1)....
...In other words, if a lessor desires to protect its interest from mechanics' liens arising out of improvements made by a lessee, the document that is recorded in the clerk's office, be it the actual lease, a short form of the lease, or the notice as prescribed in section 713.10(2), must contain a provision *39 expressly prohibiting such liability....
...ssue because neither the Lease nor the Amendment required Montgomery Ward's desired improvements and because such improvements did not constitute the pith or essence of the parties' Lease. With respect to this issue, the pertinent provision found in section 713.10 sets forth that "[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor." It has long been established in Florida that in order for a lessor's interest to be subject to mechanics' liens arising from improvements made on its property pursuant to section 713.10 or its predecessor, section 84.03(2), Florida Statutes, the lease agreement must require the lessee to make certain improvements or the improvements must constitute the pith of the lease....
...the inception of the lease constituted the pith of the lease." Id. In disagreeing with the trial court that the pleading was insufficient, we noted that, although it would have been preferable for the appellant to have pled the pertinent language of section 713.10, the language used was "all that [was] necessary to plead this cause of action." Id....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10782, 2010 WL 2867895
...igationfor example, allowing the tenant to arrange for the work at the landlord's expense, with the court's involvement limited to disbursing sums from the registry upon proper documentation of the costs incurred to make the necessary repairs. See § 713.10, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 792
...On May 23, 1985, appellees recorded in the official records of Alachua County a short form lease which disclaimed any and all liens, including mechanics' liens, by stating that Frenchy's did not have the power to subject appellees' interest in the property to such liens. This disclaimer of liens was filed pursuant to section 713.10, Florida Statutes (1983)....
...rial court found such pleading to be insufficient, we disagree and find that the pleading is sufficient to survive a motion to dismiss for failure to state a cause of action. It would be preferable if appellant had pled this count in the language of section 713.10, Florida Statutes, that the improvements were "made in accordance with the" lease between appellees and Frenchy's. However, the language appellant used, that the improvements were the "pith of the lease," is drawn from a case construing section 713.10....
...Appellant also alleged in Paragraph 31 of the amended complaint that "Frenchy's agreed to lease the premises from [appellees] if, and only if, major renovations to the existing premises could be made to transform it into a Cajun-style seafood restaurant." Under section 713.10, such pleading also would be sufficient as it alleges the renovations were to be *768 undertaken in accordance with the lease....
...In the absence of fraud on the part of the lessor, the interest of the lessor shall not be subject to liens for improvements made by the lessee when the lease is recorded in the clerk's office and the terms of the lease expressly prohibit such liability." [2] Section 713.10, Florida Statutes has been amended to include additional notice requirements to a contractor, such as appellant, from a lessee and additional recording requirements imposed on lessors in disclaiming liens for improvements by lessees. Ch. 85-103, Laws of Florida, codified at section 713.10, Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ated areas. It also provided that Wright could not do anything which would permit a lien or claim of lien on the leasehold. The lease was recorded in the county where Jones constructed the improvements prior to his furnishing any labor or materials. Section 713.10, Florida Statutes (1979), provides: In the absence of fraud on the part of the lessor, the interest of the lessor shall not be subject to liens for improvements made by the lessee when the lease is recorded in the clerk's office and the terms of the lease expressly prohibit such liability. Jones recognizes section 713.10 but argues that two other lease provisions negate its applicability here....
...The provisions concerning a farmer's market simply gave Wright the option of constructing improvements on the leasehold. They did not make that construction the "pith of the lease" under Robb and Jenkins. Consequently, since there was no suggestion of fraud and the lease was recorded, section 713.10 controls....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18666
...Landlord entered into a commercial lease with Rebecca L. Shortt, Inc. (“Tenant”), who operates a daycare center. 1 Two years before the lease’s execu *589 tion, Landlord recorded a “Notice of Lien Prohibition” in the public records of Bro-ward County in accordance with section 713.10, Florida Statutes (2010)....
...the effect of giving a contractor the right to lien the property of a lessor who is not a party to the contractor-lessee contract for improvements. 2 Most significantly in this case, Landlord recorded a notice of lien prohibition in accordance with section 713.10. Section 713.10 provides: *590 The interest of the lessor shall not be subject to liens for improvements made by a lessee when: (2) All of the leases entered into by a lessor for the rental of premises on a parcel of land prohibit such liability and a...
...(b) The legal description of the parcel of land to which the notice applies. (c) The specific language contained in the various leases prohibiting such liability. (d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). §
713.10(2)(a)-(d), Fla. Stat. (2010). We are bound by the strict interpretation of section
713.10, and to follow MHB’s proposition that section
713.13 abrogates the rights under section
713.10, would ignore the plain meaning of section
713.10....
...HB claims that Landlord’s $10,000 reimbursement towards Tenant’s improvements constituted an unfair scheme to avoid liens, was a way to use Tenant as a strawman, and permitted MHB to lien the property. These arguments are without merit. Although section 713.10 provides that “[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor,” the statute further provides that the lessor will not be subject to liens for improvements when the lessor complies with the requirements of subsection 2. See § 713.10(2) Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1974 Fla. App. LEXIS 8140
...OWEN, Chief Judge. Appellant, a general contractor, having made certain improvements to real property *777 pursuant to a contract with the lessee thereof, sought to extend the statutory lien to the interest of the lessor-owner, Hunt Oil Company, by virtue of F.S. Section 713.10, F.S.A....
...he premises prior to the commencement of the term for which the premises were demised. The order appealed is reversed and the cause remanded for further proceedings consistent herewith. Reversed and remanded. WALDEN and MAGER, JJ., concur. NOTES [1] Section 713.10 Extent of liens "......
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21030
...The trial court entered a final judgment in favor of the lessors and Davidson Lumber Company appeals. We affirm. The issue on appeal is whether the improvements made by the lessees were in accordance with an agreement between the lessee and lessor pursuant to Section 713.10, Florida Statutes (1975)....
...The finding of the trial.court is presumed to be correct and on this record, we find that Davidson Lumber has not met its burden of demonstrating error. See, e. g., American Motor Inns of Florida, Inc. v. Bell Electric Company,
260 So.2d 276, 278 (Fla. 4th DCA 1972). Affirmed. . Section
713.10 provides in part: When an improvement is made by a lessee in accordance with an agreement between such lessee and his lessor, liens shall extend also to the interest of such lessor....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9961, 1991 WL 203463
...Appellee, Borggren/Dickson Construction, Inc., has filed a petition for rehearing directed to our opinion of April 17, 1991, which it contends overlooks or misapprehends several important aspects of this case. The motion is particularly directed at our analysis and conclusion regarding the notice to owner pursuant to section 713.10, Florida Statutes, and disposition of any question regarding a showing of lack of prejudice and identity of interest of certain parties....
CopyPublished | Florida 3rd District Court of Appeal
...construction
lien law explicitly states that “[w]hen the person contracting for improving
real property has no interest as owner in the land, no lien shall attach to the
land . . . .” §
713.11, Fla. Stat. (2021) (emphasis added). 1 Further, section
713.10, Florida Statutes (2021), provides:
(1) Except as provided in s....
...property under contract with husband or wife on property of the other or of
both.
7
Finally, the Memorandum of Ground Lease between Oleta and the
City explicitly satisfied each and every one of the elements identified in
section 713.103 so as to protect the City from any mechanic’s liens. The
Ground Lease contains the following language:
3
Section 713.10, Florida Statutes (2020) provides:
(2)(a) When the lease expressly provides that the interest of the
lessor shall not be subject to liens for improvements made by
the lessee, the lessee shall notify the contrac...
...any kinds whatsoever upon [City’s] interest in the [Property] or
any portion thereof; on the contrary, any such liens are
specifically prohibited and shall be null and void and of no force
or effect.
Id. This language clearly satisfies section 713.10(2)(b), exempting the
City’s interest in the Property from any sort of lien claim....
CopyPublished | Florida 4th District Court of Appeal
...Landlord entered into a commercial lease with Rebecca L. Shortt, Inc. ("Tenant"), who operates a daycare center. [1] Two years before the lease's execution, *589 Landlord recorded a "Notice of Lien Prohibition" in the public records of Broward County in accordance with section 713.10, Florida Statutes (2010)....
...he effect of giving a contractor the right to lien the property of a lessor who is not a party to the contractor-lessee contract for improvements. [2] Most significantly in this case, Landlord recorded a notice of lien prohibition in accordance with section 713.10. Section 713.10 provides: *590 The interest of the lessor shall not be subject to liens for improvements made by a lessee when: ......
...(b) The legal description of the parcel of land to which the notice applies. (c) The specific language contained in the various leases prohibiting such liability. (d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). §
713.10(2)(a)-(d), Fla. Stat. (2010). We are bound by the strict interpretation of section
713.10, and to follow MHB's proposition that section
713.13 abrogates the rights under section
713.10, would ignore the plain meaning of section
713.10....
...." MHB claims that Landlord's $10,000 reimbursement towards Tenant's improvements constituted an unfair scheme to avoid liens, was a way to use Tenant as a strawman, and permitted MHB to lien the property. These arguments are without merit. Although section 713.10 provides that "[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor," the statute further provides that the lessor will not be subject to liens for improvements when the lessor complies with the requirements of subsection 2. See § 713.10(2) Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2545, 2010 WL 711763
...upply, Inc., against a shopping center owned by appellee, Paraiso Granite, LLC. Everglades was a sub-contractor for improvements that one of Paraiso's tenants made on the storefront it leased from Paraiso. We reverse the summary judgment because the section 713.10 notice filed by Paraiso Granite, which could have precluded the lien on the shopping center for *236 improvements to the leased storefront, was defective....
...(2007), GKK-Pembroke filed a notice with the Broward County clerk containing the following statement: 3. All leases entered into by GKK-PEMBROKE with Lessees for premises on the Exhibit "A" property contain the following language: " Lien for Tenant Improvements: This Lease expressly provides, pursuant to Section 713.10 Florida Statutes, that the interest of the Landlord shall not be subject to liens for improvements made by Tenant....
...Paraiso Granite subsequently filed this lawsuit to discharge the lien, among other things. In its answer to Paraiso Granite's complaint, Everglades Electric raised a counterclaim to enforce its lien against *237 Paraiso Granite. Paraiso Granite moved for summary judgment, arguing that the notice it had filed under section 713.10 prevented Everglades Electric from recording its lien against the shopping center. Everglades Electric responded by essentially arguing that Paraiso Granite's section 713.10 notice was defective since not all leases in effect contained the language from the notice....
...We conclude that the trial judge erred because Paraiso Granite did not conclusively show that the facts entitled it to summary judgment. GKK-Pembroke's notice did not fully comply with Florida's Construction Lien Law such as to categorically bar Everglades Electric's lien. Section 713.10, Florida Statutes (2007), concerns the extent of a construction lien filed under the law....
...But, the statute provides three ways for a lessor to prevent a lien from attaching to his or her interest in the property; only the first two are relevant here. First, the lessor can record "[t]he [subject] lease or a short form thereof ... in the clerk's office and the terms of the lease expressly prohibit such liability." § 713.10(1)....
...(b) The legal description of the parcel of land to which the notice applies. (c) The specific language contained in the various leases prohibiting such liability. (d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). § 713.10(2) (emphasis added). When a lessor properly follows one of these procedures, "[t]he interest of the lessor shall not be subject to liens for improvements made by the lessee." § 713.10. Everglades Electric contends that Paraiso Granite could not use subsection 713.10(2) because not every lease it had signed contained the same language prohibiting liens. Paraiso Granite argues in response that all of its leases contained a lien prohibition, even though they were worded slightly differently from each other or from the section 713.10 notice. We agree with Everglades Electric. A lessor can avail itself of the blanket notice provided for in subsection 713.10(2) only if, as the plain language of the statute states, "[a]ll of the leases entered into by a lessor ......
...prohibit such liability" and the lessor files a notice containing "[t]he specific language contained in the various leases prohibiting *238 such liability." Here, the ostensibly lien-prohibiting language in the May 2005 lease was significantly different, and more conditional, than the language in the section 713.10 notice. Thus, not all of the leases contained the notice language. Therefore, GKK-Pembroke did not comply with section 713.10 and its notice was defective. Paraiso Granite urges us to interpret subsection 713.10(2) to operate prospectively, so that only leases entered into after the filing of a notice need conform to the language in the notice and only those leases would be protected. Under this interpretation, any leases entered into prior to the filing of a notice would be irrelevant. Paraiso Granite's interpretation of subsection 713.10(2) is erroneous, since the plain language of the statute clearly encompasses all leases and does not distinguish between those leases entered into before the notice was filed and those entered into after. Paraiso Granite argues that the interpretation we adopt would leave lessors with little protection against claims by laborers and materialmen. We disagree. In this instance, Paraiso Granite could have followed the procedure in subsection 713.10(1) by recording short-form leases until any non-conforming leases were no longer in effect. Once they were no longer in effect, it could have recorded the blanket notice. Because the section 713.10 notice was defective, we hold that the trial judge erred in granting Paraiso Granite's motion for summary judgment and in discharging Everglades Electric's lien....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 211, 1988 Fla. App. LEXIS 164, 1988 WL 2626
...ge), appellant’s mechanic’s lien was not limited to FW’s leasehold interest. Although it is true that such interest was all that FW had in lots 33 and 34 at the time appellant’s lien attached (i.e. when the notice of commencement was filed), Section 713.10 provides in pertinent part, that the mechanic’s lien extends to the right, title and interest of the person who contracts for the improvement (in this case FW) “as such right, title, and interest exists at the commencement of the i...
...To rule against the mechanic’s lien in this case would place a more onerous burden on mechanics than is contemplated by Chapter 713. Neither do we find that the lease provision purporting to prohibit construction on the leased property prevented the appellant from asserting his priority in this case. Section 713.10, quoted in part above, further provides: When an improvement is made by a lessee in accordance with an agreement between such lessee and his lessor, liens shall extend also to the interest of such lessor....
...Strauss,
417 So.2d 1143 (Fla. 5th DCA *1038 1982) (holding that a lienor under a contract with a lessee is entitled to a lien against the lessor’s interest only where the lease expressly or impliedly requires the lessee to make improvements to the leased property); see also Section
713.10, Florida Statutes (1981)....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17899
...Corp.’s fee interest in certain property. Appellant had perfected the lien against the property, a restaurant leased by the Tillises from W.D.M. Corp., after the Tillises refused to pay for repairs made to the restaurant by Hardee County Plumbing. The trial court based its decision on section 713.10, Florida Statutes (1979). Section 713.10 provides that mechanics’ liens may be extended to the property interest of a lessor when the lessee makes improvements to the property pursuant to an agreement with the lessor....
...The written lease involved in this case is a very short, handwritten document that is silent as to improvements except those involving normal maintenance on the premises. Appellant introduced parol evidence at trial in an attempt to establish an agreement between the lessees and lessor such as is contemplated by section 713.10. After hearing the evidence, the trial judge determined as a matter of fact that the agreement between the lessees and lessor “was not in the nature of the agreement contemplated by § 713.10, Florida Statutes.” Edward L....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111
...Tenant shall-not have the right or authority-to encumber the Premises or to permit- any person to claim or assert any. lien — for the.improvement~or repair of the Premises made by Ten-aaLTHE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES....
...Tenant shall not have-the right or authority-to-encumber the Premises--or--to-permit-any person to claim or assert-any lien for the - improvement or repair of-the-Premises made byThe interest of the Landlord shall not be subject to liens for improvements by the Tenant as provided in Section 713.10, Florida Statutes....
