Winter Haven, FL asked in Civil Litigation and Real Estate Law for Florida

Q: Can a contractor file a lien on the leased lot in a mobile home park?

We had new siding and gutters installed on our older mobile home. We lease the lot it sits on. No final inspection was applied for by the contractor or completed by Polk county. Lots of mistakes and issues resulting from poor workmanship. The attorney general (seniors against crime) has filed a report with the state as well as the Polk county building inspector. Today the contractor showed up at my home demanding payment in full without a final inspection or repairs completed. The owner said he was going to send a crew out Wednesday to tear down all the Newley installed siding… and file a lien against me and the park owner who rents/leases the lot to me. Can the contractor file a lien against the park owner? And can he tear down the siding?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The contractor perhaps has the right to a lien under Florida Statute 713.11, but if the contractor tries to rip off the siding call the police immediately, the contractor cannot do that; the siding is now a part of the mobile home.

Barbara Billiot Stage agrees with this answer

A: The contractor could file a lien against your mobile home but not against land you do not own. That's not to say he won't file a faulty lien. When someone files a lien or any other document to be recorded in the county records the clerk's job is to take the document and payment for the recording fee. The clerk does not review the document to determine if it is legal.

Terrence H Thorgaard agrees with this answer

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