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Florida Statute 713.10 | Lawyer Caselaw & Research
F.S. 713.10 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.10

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.10
713.10 Extent of liens.
(1) Except as provided in s. 713.12, a lien under this part shall extend to, and only to, the right, title, and interest of the person who contracts for the improvement as such right, title, and interest exists at the commencement of the improvement or is thereafter acquired in the real property. When 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.
(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 contractor making any such improvements of 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.
(b) The interest of the lessor is not subject to liens for improvements made by the lessee when:
1. The lease, or a short form or a memorandum of the lease that contains the specific language in the lease prohibiting such liability, is recorded in the official records of the county where the premises are located before the recording of a notice of commencement for improvements to the premises and the terms of the lease expressly prohibit such liability; or
2. The terms of the lease expressly prohibit such liability, and a notice advising that leases for the rental of premises on a parcel of land prohibit such liability has been recorded in the official records of the county in which the parcel of land is located before the recording of a notice of commencement for improvements to the premises, and the notice includes the following:
a. The name of the lessor.
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 or a majority of the leases entered into for premises on the parcel of land expressly prohibit such liability.

A notice that is consistent with subparagraph 2. effectively prohibits liens for improvements made by a lessee even if other leases for premises on the parcel do not expressly prohibit liens or if provisions of each lease restricting the application of liens are not identical.

(3) Any contractor or lienor under contract to furnish labor, services, or materials for improvements being made by a lessee may serve written demand on the lessor for a copy of the provision in the lease prohibiting liability for improvements made by the lessee, which copy shall be verified under s. 92.525. The demand must identify the lessee and the premises being improved and must be in a document that is separate from the notice to the owner as provided in s. 713.06(2). The interest of any lessor who does not serve a verified copy of the lease provision within 30 days after demand, or who serves a false or fraudulent copy, is subject to a lien under this part by the contractor or lienor who made the demand if the contractor or lienor has otherwise complied with this part and did not have actual notice that the interest of the lessor was not subject to a lien for improvements made by the lessee. The written demand must include a warning in conspicuous type in substantially the following form:

WARNING

YOUR FAILURE TO SERVE THE REQUESTED VERIFIED COPY WITHIN 30 DAYS OR THE SERVICE OF A FALSE COPY MAY RESULT IN YOUR PROPERTY BEING SUBJECT TO THE CLAIM OF LIEN OF THE PERSON REQUESTING THE VERIFIED COPY.

(4) The interest of the lessor is not subject to liens for improvements made by the lessee when the lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park from the lessor.
History.s. 1, ch. 63-135; s. 35, ch. 67-254; s. 1, ch. 85-103; s. 1, ch. 92-148; s. 806, ch. 97-102; s. 1, ch. 2011-212; s. 4, ch. 2012-211; s. 5, ch. 2023-226.
Note.Former s. 84.101.

F.S. 713.10 on Google Scholar

F.S. 713.10 on Casetext

Amendments to 713.10


Arrestable Offenses / Crimes under Fla. Stat. 713.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

EJS PROPERTIES, LLC, v. CITY OF TOLEDO, 698 F.3d 845 (6th Cir. 2012)

. . . Code § 713.10 (emphasis added). . . .

MHB CONSTRUCTION SERVICES, L. L. C. a v. RM- NA HB WATERWAY SHOPPES, L. L. C. a, 74 So. 3d 587 (Fla. Dist. Ct. App. 2011)

. . . a “Notice of Lien Prohibition” in the public records of Bro-ward County in accordance with section 713.10 . . . Section 713.10 provides: The interest of the lessor shall not be subject to liens for improvements made . . . 713.13 abrogates the rights under section 713.10, would ignore the plain meaning of section 713.10. . . . Although section 713.10 provides that “[w]hen an improvement is made by a lessee in accordance with an . . . See § 713.10(2) Fla. Stat. . . .

EJS PROPERTIES, LLC, v. CITY OF TOLEDO,, 736 F. Supp. 2d 1123 (N.D. Ohio 2010)

. . . The Ohio Revised Code, § 713.10, also grants city councils discretion to approve or deny ordinances for . . .

LEGAKIS L. L. C. v. LOUMPOS,, 40 So. 3d 901 (Fla. Dist. Ct. App. 2010)

. . . See § 713.10, Fla. . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10 . . . of the Landlord shall not be subject to liens for improvements by the Tenant as provided in Section 713.10 . . .

EVERGLADES ELECTRIC SUPPLY, INC. a v. PARAISO GRANITE, LLC, a, 28 So. 3d 235 (Fla. Dist. Ct. App. 2010)

. . . We reverse the summary judgment because the section 713.10 notice filed by Paraíso Granite, which could . . . Paraiso Granite moved for summary judgment, arguing that the notice it had filed under section 713.10 . . . Everglades Electric responded by essentially arguing that Paraiso Granite’s section 713.10 notice was . . . A lessor can avail itself of the blanket notice provided for in subsection 713.10(2) only if, as the . . . Therefore, GKK-Pembroke did not comply with section 713.10 and its notice was defective. . . .

EJS PROPERTIES, LLC, v. CITY OF TOLEDO,, 651 F. Supp. 2d 743 (N.D. Ohio 2009)

. . . Section § 713.10 of the Ohio Revised Code also grants city councils discretion to approve or deny ordinances . . .

HEINBERG, L. L. C. v. HENRICKSEN CO. INC., 877 So. 2d 34 (Fla. Dist. Ct. App. 2004)

. . . We find no merit in appellant’s first argument that the trial court improperly expanded section 713.10 . . . Appellant first contends that the trial court improperly expanded section 713.10(1), Florida Statutes . . . Notably, prior to 1985, section 713.10 provided that a lessor’s interest would not be subject to liens . . . See § 713.10, Florida Statutes (1983). . . . Furthermore, section 713.10(2), which mandates that a notice regarding multiple leases on a parcel of . . .

FIFTH COLUMN, v. VILLAGE OF VALLEY VIEW, OHIO,, 100 F. Supp. 2d 493 (N.D. Ohio 1998)

. . . Section 713.10 states: The districting or zoning of any municipal corporation or part thereof may be . . . Ohio Rev.Code § 713.10 (emphasis added). . . . Ohio Rev.Code § 713.10. . . . Ohio Rev.Code § 713.10. . . . Code §§ 713.10 or 713.12. . . .

MIRACLE CENTER DEVELOPMENT CORP. v. M. A. D. CONSTRUCTION, INC., 662 So. 2d 1288 (Fla. Dist. Ct. App. 1995)

. . . The statutory language at issue is § 713.10 of the Florida Statutes, which provides the following: When . . . Fla.Stat. § 713.10 (1993). . . .

WATER SEWER UTILITY CONSTRUCTION, INC. a v. DULANEY, 653 So. 2d 1127 (Fla. Dist. Ct. App. 1995)

. . . . §§ 713.08(4)(a), 713.10, 713.12, Fla. Stat. (1993). . . .

RAUSMAN d b a v. BORGGREN DICKSON CONSTRUCTION, INC., 591 So. 2d 270 (Fla. Dist. Ct. App. 1991)

. . . particularly directed at our analysis and conclusion regarding the notice to owner pursuant to section 713.10 . . .

L. M. ADAMSON d b a L. M. v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ANDALUSIA,, 519 So. 2d 1036 (Fla. Dist. Ct. App. 1988)

. . . 34 at the time appellant’s lien attached (i.e. when the notice of commencement was filed), Section 713.10 . . . Section 713.10, quoted in part above, further provides: When an improvement is made by a lessee in accordance . . . expressly or impliedly requires the lessee to make improvements to the leased property); see also Section 713.10 . . .

A. N. DREW, INC. a v. FRENCHY S WORLD FAMOUS CAJUN CAFE, INC., 517 So. 2d 766 (Fla. Dist. Ct. App. 1988)

. . . This disclaimer of liens was filed pursuant to section 713.10, Florida Statutes (1983). . . . It would be preferable if appellant had pled this count in the language of section 713.10, Florida Statutes . . . appellant used, that the improvements were the “pith of the lease,” is drawn from a case construing section 713.10 . . . Section 713.10, Florida Statutes has been amended to include additional notice requirements to a contractor . . . Ch. 85-103, Laws of Florida, codified at section 713.10, Florida Statutes (1985). . . . .

ROBINSON, v. R. BLOCK, G. A. U. S., 608 F. Supp. 817 (W.D. Mich. 1985)

. . . . § 713.10(b). . . .

BUDGET ELECTRIC COMPANY, v. STRAUSS,, 417 So. 2d 1143 (Fla. Dist. Ct. App. 1982)

. . . entitlement to a mechanics’ lien against the lessor’s interest in the leased property, citing section 713.10 . . .

DAVIDSON LUMBER COMPANY, v. SULLIVAN a, 403 So. 2d 560 (Fla. Dist. Ct. App. 1981)

. . . the lessees were in accordance with an agreement between the lessee and lessor pursuant to Section 713.10 . . . Section 713.10 provides in part: When an improvement is made by a lessee in accordance with an agreement . . .

HEFLIN, d b a Co. v. W. D. M. CORP. a L. H., 391 So. 2d 357 (Fla. Dist. Ct. App. 1980)

. . . 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 . . . attempt to establish an agreement between the lessees and lessor such as is contemplated by section 713.10 . . . agreement between the lessees and lessor “was not in the nature of the agreement contemplated by § 713.10 . . .

JONES, d b a v. WRIGHT, a k a J. III,, 391 So. 2d 313 (Fla. Dist. Ct. App. 1980)

. . . Section 713.10, Florida Statutes (1979), provides: In the absence of fraud on the part of the lessor, . . . Jones recognizes section 713.10 but argues that two other lease provisions negate its applicability here . . . Consequently, since there was no suggestion of fraud and the lease was recorded, section 713.10 controls . . .

EDWARD L. NEZELEK, INC. v. FOOD FAIR PROPERTIES AGENCY, INC., 309 So. 2d 219 (Fla. Dist. Ct. App. 1975)

. . . fact that it was seeking to establish its right to a statutory lien under the provisions of Section 713.10 . . . Affirmed. . 713.10 Extent of liens. . . .

In SEMINOLE PARK AND FAIRGROUNDS, INC. WESTINGHOUSE ELECTRIC CORPORATION, v. DYER,, 502 F.2d 1015 (5th Cir. 1974)

. . . Florida could not have meant to throw the whole thing back on mechanics lien practices including § 713.10 . . .

C. ROBB, v. LOTT PAVING COMPANY, INC., 289 So. 2d 776 (Fla. Dist. Ct. App. 1974)

. . . Section 713.10, F.S.A. . . . Section 713.10 Extent of liens — “ . . . .

S. JENKINS M. v. C. GRAHAM a, 237 So. 2d 330 (Fla. Dist. Ct. App. 1970)

. . . assert a lien against the lessors’ interest in the property under the provisions of F.S.1967, Section 713.10 . . .

TRUST CO. OF AMERICA v. CHICAGO, P. ST. L. RY. CO. OF ILLINOIS RAMSEY v. STEAD,, 199 F. 593 (S.D. Ill. 1912)

. . . Kemoval of snow, sand, and ice ...................A) 1,191.26 713.10 478.16 40.14 8. Tunnels. . . .