Polk County Notice of Lien Prohibition Form (Florida)

All Polk County specific forms and documents listed below are included in your immediate download package:

Notice of Lien Prohibition Form

Polk County Notice of Lien Prohibition Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Polk County compliant document last validated/updated 10/22/2024

Notice of Lien Prohibition Guide

Polk County Notice of Lien Prohibition Guide

Line by line guide explaining every blank on the form.
Included Polk County compliant document last validated/updated 10/17/2024

Completed Example of the Notice of Lien Prohibition Document

Polk County Completed Example of the Notice of Lien Prohibition Document

Example of a properly completed form for reference.
Included Polk County compliant document last validated/updated 3/20/2024

When using these Notice of Lien Prohibition forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in one of the following offices:

Clerk of Circuit Court - Official Records

255 N Broadway Ave, Bartow, Florida 33830

Hours: 8:00am - 5:00pm M-F

Phone: (863) 534-4516

Mail to: Clerk of Circuit Court - Official Records

P.O. Box 9000 Drawer CC-8 , Bartow, Florida 33831

Hours: for mailing purposes

Phone: N/A

Northeast Branch - NE Polk Co. Gov. Center

3425 Lake Alfred Rd, Winter Haven, Florida 33881

Hours: 8:00am - 5:00pm M-F

Phone: (863) 401-2400

Lakeland Branch

930 E Parker St, Rm 240, Lakeland, Florida 33801

Hours: 8:00am - 5:00pm M-F

Phone: (863) 603-6412

Local jurisdictions located in Polk County include:

  • Alturas
  • Auburndale
  • Babson Park
  • Bartow
  • Bradley
  • Davenport
  • Dundee
  • Eagle Lake
  • Eaton Park
  • Fort Meade
  • Frostproof
  • Haines City
  • Highland City
  • Homeland
  • Indian Lake Estates
  • Kathleen
  • Kissimmee
  • Lake Alfred
  • Lake Hamilton
  • Lake Wales
  • Lakeland
  • Lakeshore
  • Loughman
  • Mulberry
  • Nalcrest
  • Nichols
  • Polk City
  • River Ranch
  • Waverly
  • Winter Haven

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Polk 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Polk County using our eRecording service.
Are these forms guaranteed to be recordable in Polk County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk County including margin requirements, content requirements, font and font size requirements.

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 Polk County that you need to transfer you would only need to order our forms once for all of your properties in Polk County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Florida or Polk 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.

What type of files are the forms?

All of our Polk 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 Polk County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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