Full question:
We contracted to remodel our condo located in Florida. This was executed in November of 2007. As of January of 2008 the contractor acknowledged that he was unable to do this work due to financial and other business restraints. As of April of 2008 we have not received our deposit of $8,338.00. Can we, as individuals, place a lien on his building/equipment? If so, how? We have already registered a complaint with the Chamber of Commerce and Florida Business and Professional regulations.
- Category: Real Property
- Subcategory: Liens
- Date:
- State: Florida
Answer:
To place a lien on someone's property for unpaid money, you first need to obtain a judgment from the court. If the contractor has breached the contract, you can sue them for breach of contract. If the amount you are seeking is within the small claims court limit, you can file there. Otherwise, you may need to file in a civil court of general jurisdiction. Contact your local clerk of courts for information on the jurisdictional limits.
Once you have a judgment, you must record a certified copy in the county land recorder's office where the property is located. According to Florida law, a judgment becomes a lien on real property when recorded, provided it includes your address or an affidavit with your address is recorded simultaneously (Fla. Stat. § 55.10).
The lien lasts for an initial period of ten years if recorded after July 1, 1994, and can be extended for another ten years by rerecording the judgment and including an affidavit with your current address. Ensure you follow these steps to properly secure your lien.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.