[RPPTL LandTen] Ower Signing Notice of Commencement for Tenant Does Not Subject Landlord's Estate to Construction Liens

[Manuel Farach]

The Fourth District got it right on the money:

Contrary to MHB's assertion, we do not read section 713.13, Sasso Air Conditioning, Inc., or any other case law provided by MHB to suggest that the execution of a notice of commencement has 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.FN2

FN2. We also note that the Notice of Commencement properly complied with the requirements of section 713.13(1)(a)3., Florida Statutes (2010), by listing Tenant as the owner and that Tenant's ownership interest was a leasehold interest.

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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

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