Clay County Notice of Lien Prohibition Forms (Florida)
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Form Package
Notice of Lien Prohibition
State
Florida
Area
Clay County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Clay County specific forms and documents listed below are included in your immediate download package:
Notice of Lien Prohibition Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/21/2024
Notice of Lien Prohibition Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/21/2024
Completed Example of the Notice of Lien Prohibition Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/20/2024
Included Supplemental Documents
The following Florida and Clay County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Florida or Clay County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Clay County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Clay County Notice of Lien Prohibition forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Notice of Lien Prohibition forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Notice of Lien Prohibition Forms:
- Clay County
Including:
- Doctors Inlet
- Fleming Island
- Green Cove Springs
- Keystone Heights
- Lake Geneva
- Middleburg
- Orange Park
- Penney Farms
What is the Florida Notice of Lien Prohibition
Prohibiting Mechanic's Liens on Leased Property
As a landlord, it's important to ensure tenants don't incur any encumbrance on your property. Tenants might engage a contractor in labor or delivery of materials that can result in a lien placed on your real estate. A notice of lien prohibition puts any potential claimant on notice that the tenant is prohibited from subjecting the property to a lien.
Under state law, a lien 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. FLA. STAT. 713.10(1). 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. Id.
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. FLA. STAT. 713.10(2)(a).
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. FLA. STAT. 713.10(2)(b).
The Notice must include the following information: (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; and (d) a statement that all or a majority of the leases entered into for premises on the parcel of land expressly prohibit such liability. FLA. STAT. 713.10(2)(b)(2).
The interest of the lessor is also 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. FLA. STAT. 713.10(2)(b)(3).
This Notice 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. Id.
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. FLA. STAT. 713.10(3). 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. Id.
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. Id.
This article is provided for informational purposes only and is not legal advice. Do not rely on this article as a substitute for consulting with a licensed attorney. If you have any questions about prohibiting liens on property or about mechanic's liens, please speak with an attorney.
Our Promise
The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Clay County Notice of Lien Prohibition form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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