Legal Question in Real Estate Law in Florida

Lien on Rental Property

We have a rental home and the tenant called a pest control company and we guess she did not pay her bill. The company has called and sent a letter threating to put a lien on the home if we don't pay $400. We didn't even know she called the pest control company. We told them that and they said we shouldn't have such a dead beat tenant. The tenant pays rent with no problems. I have looked at the clerks office files and the pest control company has done this to another person. I contacted them and they said they had to get an attorney to get the lien removed. But it was removed after they threatened to sue because of the illegal lien. If the company puts the lien on even after we told them we did not authorize the work can we sue them for legal fees or anything else?


Asked on 9/25/08, 8:08 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Lien on Rental Property

If they in fact record an unlawful/fraudulent lien then yes, you are entitled to attorney's fees to have it removed pursuant to the statute. The catch is that that your attorney must ask for the attorney's fees and not settle without considering it.

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Answered on 9/25/08, 8:54 pm
David Slater David P. Slater, Esq.

Re: Lien on Rental Property

yes

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Answered on 9/25/08, 10:11 pm


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