Can a contractor have a lien on my property in Florida? That is why owners can feel the effect long before any court case starts. This page walks through the main steps, the deadlines that matter, and what to do if a lien is already recorded.
Short answer: yes, but only when the lien rules are met
A contractor can record a lien against Florida real property when unpaid labor, services, or materials went into improving that property. Three questions decide it. Did the work or materials go into the property? Were they unpaid? Were the required steps followed? Pinellas County’s lien guide explains that people who work on a property or supply materials, and are not paid in full, have a right to enforce their claim. Because the lien attaches to the property, a recorded claim can complicate a sale or refinance even before anyone files a lawsuit. The rest of this page explains each step in plain terms.
If a lien notice just showed up on your property record, you may be facing a payment dispute you didn't expect. Call (305) 570-2208 and let our team walk through the dates and paperwork with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Who can claim a construction lien under Florida law
Direct contractors usually have the clearest path, because they signed a contract with the owner. Their rights depend on that position and on the steps they took along the way. A claim for work never done or materials never delivered needs a close look.
Owners can lose track of who is owed what. The same guidance says lien releases and waivers help protect owners. Keep a paper trail from day one, including proof of every payment you make.
When can a contractor file a lien in Florida?
Timing depends on when the work or materials were furnished and when the job ended. Fla. Stat. § 95.031 sets out that accrual rule. Pinellas County’s guide also covers Notice of Commencement requirements.
Dates are the first thing to check. A claim recorded late can be challenged on timing. Most owners don’t track these dates as the job goes on, which is why they’re easy to overlook.
How easy is it for a contractor to put a lien on your house?
Recording a lien is mostly paperwork. That ease is the risk. A lien with a wrong amount, the wrong owner’s name, or a missing step can still be recorded. It can still cloud the title until someone deals with it.
If the property is your home, ask early whether homestead rules apply. So the property’s status matters as much as the paperwork. Check how the property is titled and used before a dispute grows.
What happens if a contractor puts a lien on your house?
A recorded lien sits in the public records. It can make a sale, refinance, or home equity loan harder to finish until the claim is resolved.
Don’t confuse a construction lien with a judgment lien. Under Fla. Stat. § 55.10, a judgment becomes a lien on real property in a county when a certified copy is recorded there, provided the lienholder’s address is included in the judgment or in an affidavit recorded at the same time. Under Fla. Stat. § 55.10, a judgment, order, or decree becomes a lien on real property in a county when a certified copy is recorded in that county’s official records or judgment lien record, whichever is maintained at the time of recordation, provided the document contains the lienholder’s address or a separate affidavit stating that address is recorded simultaneously; for a certified copy first recorded on or after July 1, 1994, that lien lasts an initial 10 years from the date of recording. A judgment lien comes from a court ruling, not from the contractor’s own filing.
Owners have several paths. They can pay the amount claimed, negotiate a release, or dispute the claim in court. The right choice starts with the dates and the paperwork.
What deadlines apply to enforcing a lien in Florida?
Florida sets specific deadlines for lawsuits, and which one applies depends on the facts. Under Fla. Stat. § 95.11, an action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property is listed among the actions that must be commenced within one year. It also addresses actions founded on the design, planning, or construction of an improvement to real property under Fla. Stat. § 95.11. The time runs from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest. When the action involves a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 7 years after that earliest date.
Under § 95.11(3)(b), an action founded on the design, planning, or construction of an improvement to real property must generally be commenced within four years, with the time running from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion, or abandonment date (or, for a latent defect, from when the defect is discovered or should have been discovered with due diligence), and in any event the action must be commenced within 7 years after that date. This subsection does not set the deadline for enforcing a lien. For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence, but in any event the action must be commenced within 7 years after the certificate or abandonment date.
Partial payments can matter too. Under Fla. Stat. § 95.051, paying any part of the principal or interest on a written obligation tolls, or pauses, the limitations clock. Where the suit is filed also matters. Under Fla. Stat. § 47.011, an action is brought in the county where the defendant resides, where the cause of action accrued, or where the property is located, but this section does not apply to actions against nonresidents. For a property in Hillsborough County, the property’s location is one of those options.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Next steps if a lien has been recorded on your property
Start by pulling the recorded claim from the county clerk’s records. Write down the recording date, the amount, the lienor’s name, and the property description. Then gather the contract, change orders, invoices, payment records, lien waivers or releases, the Notice of Commencement, and any notice to owner.
Compare those dates and amounts with the work actually done. Gaps in timing or amount often shape the next move. The usual options are negotiating a release, paying a balance you can verify, or responding in court.
Ayala Law PA’s office is in Tampa, at 1646 W Snow Ave. The firm represents businesses in Tampa, Hillsborough County, and the wider Tampa Bay area. Eduardo A. Maura is the lawyer responsible for this page. Some matters may be referred to another lawyer or firm.
If a lien notice just appeared on your property record and you’re trying to work out whether it holds up, call (305) 570-2208 or reach out through our contact page to talk through the dates and paperwork.
Frequently asked questions
Keep lien releases and waivers as proof.
Where must a lawsuit to enforce a lien be filed?
Only in the county where the defendant lives, where the claim arose, or where the property is located, though that rule does not apply to actions against nonresidents.
What is the difference between a construction lien and a judgment lien?
A construction lien comes from a contractor’s claim on the property.
