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Can a subcontractor put a lien on your rental after you paid the contractor? The Florida rules

Yes. Under Florida's Construction Lien Law, a subcontractor or supplier you never hired can lien your building for unpaid work even if you paid your contractor in full, as long as it served you a notice to owner on time. You protect yourself with four documents: a recorded notice of commencement, the notices to owner you receive, a lien release with every payment, and the contractor's final payment affidavit.

Why paying your contractor is not enough

Florida gives a lien to people who are "not in privity" with you, meaning subcontractors, sub-subcontractors and material suppliers who worked for your contractor rather than for you (section 713.06). The statute prints the warning that must appear on their notice: "Florida's construction lien law allows some unpaid contractors, subcontractors, and material suppliers to file liens against your property even if you have made payment in full." The total of all such liens is capped at the contract price, except where you paid improperly.

In practice, this happens when a contractor takes your progress payment and does not pay the roofing supplier. The supplier records a lien, and you either pay the supplier too or fight it. The forms below are how you avoid both.

Small jobs are outside most of this. An improvement with a direct contract price of $2,500 or less is exempt from most of the lien law (section 713.02(5)). An unlicensed contractor has no lien at all.

The four documents, in order

1. Notice of commencement (you record it)

Before work begins, the owner records a notice of commencement with the county clerk and posts a copy at the job. It names the property, the work, you, the contractor, any surety and lender, and the person who can receive notices for you. It expires one year after recording unless you state a longer date. Payments made after it expires are treated as improper. When the direct contract is over $5,000, the permit office will not do inspections after the first one until a copy is filed (section 713.135).

2. Notice to owner (they send it to you)

A subcontractor or supplier must serve you a notice to owner before starting, or no later than 45 days after it first furnishes labor or materials, and before your final payment. A lienor who does not serve it on time has, in the statute's words, "a complete defense to enforcement" against it. Keep every notice to owner you receive in one place for each job. Those are the companies you must see paid.

3. Lien waivers with every payment (they sign them)

Section 713.20 gives two forms: a waiver and release upon progress payment, which covers work through a stated date, and a waiver and release upon final payment. A lien right cannot be waived in advance, so a clause in the contract waiving future liens is unenforceable. A waiver may be made conditional on a check clearing; without a payment bond, you may hold back the amount of an uncleared check from the contractor.

4. Contractor's final payment affidavit (the contractor swears to it)

Before final payment, the contractor gives you a sworn affidavit listing any lienor who served a notice to owner and has not been paid in full. If it shows an unpaid lienor, pay that lienor directly from the balance you owe the contractor, and get its release.

What to do at each progress payment

  1. List every notice to owner received so far for the job.
  2. Ask the contractor for a progress payment affidavit and the subs' and suppliers' progress releases through the billing date.
  3. If a noticed lienor is unpaid, pay it directly or by joint check, and subtract that amount from what you pay the contractor. The statute lets you do this.
  4. If the payment due cannot cover every noticed lienor, the statute requires you to prorate it among them.
  5. File the releases with the bill before you approve the payment.

Example a made-up 20 unit building in Tampa signs a $48,000 roof contract. The owner records a notice of commencement and receives notices to owner from a shingle supplier and a crane company. At the first draw of $24,000, the contractor's bill shows $9,000 owed to the supplier. The owner pays the supplier $9,000 by joint check, gets its progress release through that date, and pays the contractor the other $15,000. At the end, the final payment affidavit lists the crane company as owed $1,800, so the owner pays it from the $24,000 balance, gets its final release, and pays the contractor $22,200. Total paid: $9,000 plus $15,000 plus $1,800 plus $22,200, which is $48,000, with no open lien rights.

If a claim of lien is recorded anyway

A lienor must record its claim of lien within 90 days after it last furnished labor or materials. The form carries its own warning that the lien may remain valid for one year from recording unless the owner acts to shorten that period or a lawsuit is filed. Check the date of last furnishing against the 90 days, check whether you ever received a notice to owner from that company, and pull your releases for it. Then talk to a Florida construction attorney about the response; these are legal steps with short deadlines.

Other states have their own lien laws with different notice periods, forms and deadlines. The pattern is similar, so ask your attorney what your state requires before a large job.

Keeping releases with the bill

In DoorKeeping, upload each contractor bill and DoorKeeping reads and codes it into the property's books, with the bill attached. Keep the notice of commencement, the notices to owner and every signed release in the property's documents next to it. Payments go out from your own bank, and DoorKeeping waits for your one-tap approval on money steps, which is the moment to confirm the releases are in. A roof is usually an improvement for tax purposes, so it lands apart from repairs; your tax preparer makes the final call.

Sources

  1. Florida Statutes 713.06, liens of persons not in privity; proper payments, read Oct 30, 2026
  2. Florida Statutes 713.13, notice of commencement, read Oct 30, 2026
  3. Florida Statutes 713.135, notice of commencement and building permits, read Oct 30, 2026
  4. Florida Statutes 713.02, types of lienors and exemptions, read Oct 30, 2026
  5. Florida Statutes 713.08, claim of lien, read Oct 30, 2026
  6. Florida Statutes 713.20, waiver or release of liens, read Oct 30, 2026

Questions

Can a supplier put a lien on my property if I paid my contractor in Florida?
Yes, if it served you a notice to owner on time and was not paid. That is why Florida owners collect a lien release with each payment and pay noticed suppliers directly when needed.
How long does a contractor have to file a lien in Florida?
A claim of lien must be recorded within 90 days after the lienor last furnished labor, services or materials. It may stay valid for one year from recording unless shortened or enforced.
Do I need a notice of commencement for a small repair?
Not for an improvement whose direct contract price is $2,500 or less, which is exempt from most of the lien law. Above $5,000, the permit office requires a copy filed before later inspections.