ARTICLE
21 February 2019

Protecting Yourself Against Lien Claims

LD
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Contributor

Lowndes, Drosdick, Doster, Kantor & Reed, P.A. logo
The firm’s original four partners were engaged primarily in a burgeoning real estate practice. While our real estate practice and deep-rooted involvement in that industry remains an integral component of the firm, we have grown alongside the dynamic needs of our clients and community at large. Today, the firm’s lawyers advise clients on almost every aspect of business: from copyrights and trademarks to high-stakes, high-profile litigation; from complex commercial and residential real estate issues to wealth management; from labor and employment law to healthcare; from capital raising and entity formation to corporate growth and expansion locally, nationally and internationally.
If you are a commercial Landlord or property manager, hopefully you are taking advantage of a Florida statute that allows you to limit the Landlord's liability ...
United States Real Estate and Construction
To print this article, all you need is to be registered or login on Mondaq.com.

If you are a commercial Landlord or property manager, hopefully you are taking advantage of a Florida statute that allows you to limit the Landlord's liability for lien claims resulting from work performed by your Tenants' contractors pursuant to their Leases.  All you need to do to get the benefit of this statute is: (i) include a provision in your Leases that precludes the Tenants' contractors from claiming liens against the Landlord's interest in the property, and (ii) record a notice to that effect in the public records of the County where the property is located.

If a Notice of Commencement gets recorded for the tenant's work, it should never be signed by the Landlord.  The Tenant that is doing the work is the party who contracted for it, so the Tenant should sign the Notice of Commencement, which should state that the "property" being improved is the Tenant's leasehold interest (not the Landlord's interest).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More