Written Homework #12
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    "Notice of Lessor"

    Preface - Unlike some of the other writing assignments, the student might have difficulty in finding a template on-line because the document in question is not one that is commonly used - BUT - the requirements for the document are clearly spelled out in the statute hyperlinked below and, thus, a template is not needed.

    Background
    • In General:  Under Florida's Construction Lien Law (Chapter 713 FS) unpaid contractors, sub-contractors and suppliers can place a lien on real property even if they don't have a direct contract with the property owner.

    • What About Contractors Retained by a Tenant?:  Suppose a tenant hires a contractor to make improvements to a leased premises and then fails to pay the contractor.  Query: does such a contractor have the right to place a lien on the property even though it does not have a direct contract with the landlord?  The short answer is "yes".

    • BUT, landlords can protect the property from such liens provided they record in the Public Record a specific notice that is described Chapter 713 FS.  Ideally, the notice should state that each lease on the property contains a prohibition against contractor liens then in the notice quote the exact wording of the prohibition clause that is contained in each lease.

    Writing Assignment:
    • At the request of your client who is a landlord, prepare a notice that meets the requirements of Chapter 713.10(2)(b)(2) Florida Statutes.  The notice must be suitable for recording in the Public Record

    Facts
    • Property Owner (the "Lessor"):  Mainstreet, Inc., a Florida corporation - 8102 NW 7th Ave., Miami FL 33142 - George Jones, President

    • The property is a small office building.  All of the leases contain the following paragraph

        • "The interest of the Lessor in the Premises shall not be subject to liens that arise from improvements made by the the Lessee regardless of whether or not the Lessor had previously consented to such improvements"

    • Legal Description of the Property:

        • Parcel Identification Number: 08-2122-003-0130

        Lot 10, Block 3 of MAGNOLIA SUBDIVISION according to the plat thereof as recorded in Plat Book 40, Page 80 of the Public Records of Miami-Dade County, Florida

    Other Requirements:
    • The document is to be executed by the Lessor

    • Because this document is to be recorded in the Public Records it must be executed in accordance with the statutory requirements.  Here are the relevant statutes

      • 695.03 FS
      • 695.25 FS
      • 695.26 FS