Can lienors lien for improvements on leased property?
Frequently, contractors that perform “tenant improvements” may lien property to the extent of the landlord’s interest. However, the landlord may exempt his property interest from liens if the lease entered into between the landlord and tenant prohibits such liability. In accordance with Fla. Stat. ยง713.10 the exemption must be evidenced, by recording the lease, or a short form of the lease, in the public records of the county where the property is located. If the landlord avails itself of these provisions, a lienor’s Claim of Lien will only attach to the leasehold interest of the lessee. Accordingly, contractors performing tenant improvements should first ascertain whether such an exemption has been recorded by the landlord.
