Volusia County Notice of Lien Prohibition Form

Volusia County Notice of Lien Prohibition Form
Fill in the blank form formatted to comply with all recording and content requirements.

Volusia County Notice of Lien Prohibition Guide
Line by line guide explaining every blank on the form.

Volusia County Completed Example of the Notice of Lien Prohibition Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Florida and Volusia County documents included at no extra charge:
Where to Record Your Documents
Volusia County Clerk of Circuit Court
DeLand, Florida 32724 / 32721-6043
Hours: 8:00am to 4:30pm M-F
Phone: (386) 736-5912
New Smyrna Beach Courthouse Annex
New Smyrna Beach, Florida 32168
Hours: 8:00am to 4:30pm M-F / Document drop-off only
Phone: (386) 423-3300 x15912
Daytona Beach Courthouse Annex
Daytona Beach, Florida 32114
Hours: 8:00am to 4:30pm M-F / Document drop-off only
Phone: (386) 257-6006 x15912
Recording Tips for Volusia County:
- Bring your driver's license or state-issued photo ID
- Make copies of your documents before recording - keep originals safe
- Check margin requirements - usually 1-2 inches at top
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Volusia County
Properties in any of these areas use Volusia County forms:
- Barberville
- Cassadaga
- Daytona Beach
- De Leon Springs
- Debary
- Deland
- Deltona
- Edgewater
- Glenwood
- Lake Helen
- New Smyrna Beach
- Oak Hill
- Orange City
- Ormond Beach
- Osteen
- Pierson
- Port Orange
- Seville
Hours, fees, requirements, and more for Volusia County
How do I get my forms?
Forms are available for immediate download after payment. The Volusia County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Volusia County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Volusia County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Volusia County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Volusia County?
Recording fees in Volusia County vary. Contact the recorder's office at (386) 736-5912 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Volusia County to use these forms. Documents should be recorded at the office below.
This Notice of Lien Prohibition meets all recording requirements specific to Volusia County.
Our Promise
The documents you receive here will meet, or exceed, the Volusia 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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