What Is a Notice Of Lien Prohibition?

Are you a landlord or property owner concerned that a tenant might take actions with a third party that could result in a lien being placed on the real estate you own? You can use a Florida Notice of Lien Prohibition to prevent this. The Florida Notice of Lien Prohibition notifies any potential claimants that your tenant cannot subject the property to a mechanic’s lien.

Under Florida law, a lien cannot extend to one who leases the property unless expressly stated in a legal agreement between the two parties. If the lease clearly states that the property owner will not subject the real estate to any liens for construction that are initiated by the lessee, the lessee is obligated to share this information with any contractors they choose to hire.

For a Notice of Lien Prohibition to be effective, the landlord must be able to produce evidence upon request that the lease expressly prohibits such liability and that it was recorded with the clerk of the court in the county where the property is located.