Lein release

[ladydi801]

What is the name of your state? Florida. We bought 5 acres and contracted with a man who I had recently insured to level the property that we had just bought and to mow down the remaining orange trees. He did that but did not disk the land as promised. Two weeks later we received a notice from an equipment rental place that was going to place a lein on our property because that man rented equipment and did not pay for it, so they are placing a lein on our property as the equipment was used on it. I was further told that if this man rented any other equipment that we could be responsible for those rentals as well. This person has bounced a check in my office and has a nice little court record. My husband has paid this person and of course he will not answer any of our calls. I cannot believe that he can go around and rent equipment all over town and not pay for it and we could be held responsible for it...is this true!!! I was told that we had to get a lein release from him befour we paid him? We have had work done on other properties and have never had to get such a form signed? What legal recourse do we have open to us?

 

[Shay-Pari'e]

What is the name of your state? Florida. We bought 5 acres and contracted with a man who I had recently insured to level the property that we had just bought and to mow down the remaining orange trees. He did that but did not disk the land as promised. Two weeks later we received a notice from an equipment rental place that was going to place a lein on our property because that man rented equipment and did not pay for it, so they are placing a lein on our property as the equipment was used on it. I was further told that if this man rented any other equipment that we could be responsible for those rentals as well. This person has bounced a check in my office and has a nice little court record. My husband has paid this person and of course he will not answer any of our calls. I cannot believe that he can go around and rent equipment all over town and not pay for it and we could be held responsible for it...is this true!!! I was told that we had to get a lein release from him befour we paid him? We have had work done on other properties and have never had to get such a form signed? What legal recourse do we have open to us?

You are being snowed. The rental company cannot place a lein on your property, heck, that would mean "Target" could. It does not work that way.

Tell them to "Bite It", as you did not sign any rental agreement with them, however, invite them to come out and pick up the stolen equipment if it is there.

 

[HomeGuru]

Re: Re: Lein release

You are being snowed. The rental company cannot place a lein on your property, heck, that would mean "Target" could. It does not work that way.


**A: are you sure? Do you know what you are talking about here?
*******
Tell them to "Bite It", as you did not sign any rental agreement with them, however, invite them to come out and pick up the stolen equipment if it is there.

**A: no comment.

 

[ladydi801]

Lein

If what you are saying is true then why did we receive from the rental company a notice that they can place this lein per some florida statute, it is all in writting and it sure looks pretty legal, and I spoke to a lawyer who said that such a statute does exist, if the rental company can prove that the equipment was indeed used on our property??? Are you a lawyer?

 

[Shay-Pari'e]

Re: Lein

If what you are saying is true then why did we receive from the rental company a notice that they can place this lein per some florida statute, it is all in writting and it sure looks pretty legal, and I spoke to a lawyer who said that such a statute does exist, if the rental company can prove that the equipment was indeed used on our property??? Are you a lawyer?

Guru, I would like to invite the poster to state the statute that she received, I am confident with my response, but have no problem being corrected.

It appears there is more to this story other than she hired a guy to do work, and stole the property he rented to do the work, She already stated she did not sign the rental agreement.


I look forward to your response.

 

[ladydi801]

Lein Release

We hired a gentlemen who had just taken out insurance with me to grade a 5 acre track, I felt that if he took the job I at least knew that he had liability insurance. he rented equipment from a rental company to do this work and did not pay the bill, I received from this rental company a notice that says Notice to Owner/Notice to Contractor Under Florida law those who work on your property or provide materials and are not paid have the right to enforce their claim for payment against your property, this claim is know as a construction lein., If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who atre owed money may look to your property for payment, Even if you have paid your contractor in full. The sections of Florida law that are cited are Section 713.06 Section 255.05 or Section 713.23 and Florida Dtatues Title 40 U.S.C. Section 270 This all seems pretty real to me, if you arwe a lawyer could you please look up these sections and tell me if they apply.

Thank you

 

[HomeGuru]

Re: Re: Lein

Guru, I would like to invite the poster to state the statute that she received, I am confident with my response, but have no problem being corrected.


**A: ok, so respond accordingly.
********
It appears there is more to this story other than she hired a guy to do work, and stole the property he rented to do the work, She already stated she did not sign the rental agreement.

**A: you are so off base.
********

 

[ladydi801]

What do you mean by "you are so off base" ???

 

[Shay-Pari'e]

Re: Re: Re: Lein

Guru, I would like to invite the poster to state the statute that she received, I am confident with my response, but have no problem being corrected.


**A: ok, so respond accordingly.
********
It appears there is more to this story other than she hired a guy to do work, and stole the property he rented to do the work, She already stated she did not sign the rental agreement.

**A: you are so off base.
********

I agree there is more to the story, and I responded according to the origional post, thanks for your input.

 

[HomeGuru]

What do you mean by "you are so off base" ???

**A: PARIDISE has no clue and does not know what she is talking about.

 

[jdailey]

Just to give you backround, I work for a construction equipment rental company. We do have mechanics lein rights & my area of expertise is the state of Florida.

If the rental company sent their Notice to Owner to you and their customer with in 45 days of the first furnishing of equipment and the customer does not pay they have 90 days from the last furnishing to lien your property. A lien release is provided by the rental company once the invoices have been paid. If the person you hired to improve your property does not pay then the rental company does have the legal right to lien your property. I would sugguest contacting the rental company to further discuss your situation. Sorry I could not give you better news.

 

[HomeGuru]

Just to give you backround, I work for a construction equipment rental company. We do have mechanics lein rights & my area of expertise is the state of Florida.

If the rental company sent their Notice to Owner to you and their customer with in 45 days of the first furnishing of equipment and the customer does not pay they have 90 days from the last furnishing to lien your property. A lien release is provided by the rental company once the invoices have been paid. If the person you hired to improve your property does not pay then the rental company does have the legal right to lien your property. I would sugguest contacting the rental company to further discuss your situation. Sorry I could not give you better news.

**A: thanks and I hope Paralyze reads and understands your post. Maybe PARIDISE will now REALIZE that she did not know what she was talking about and gave incorrect and erroneous responses.

 

[jdailey]

I only posted a response because I have an educated answer. I hope the person that had the question reads the post and finds an attorney, equipment rented for grading is expensive and they could have a lien filed for the full amount of the unpaid invoices. Once a lien is filed it will have to be satisfied before they can sell their property.

 

[HomeGuru]

I only posted a response because I have an educated answer.

**A: yes, unlike PARIDISE.
*****
I hope the person that had the question reads the post and finds an attorney, equipment rented for grading is expensive and they could have a lien filed for the full amount of the unpaid invoices. Once a lien is filed it will have to be satisfied before they can sell their property.

**A: I hope so too. We can only imagine what would have happened if the writer listened to PARIDISE.

 

[ladydi801]

Thank you jdailey, I wound up cutting a deal with the rental company and paid for half the amount of the rental equipment, but what I do not understand is that this creep could have rented equipment from all over and had it delivered to my land to use god knows where and not paid for it and I would have been liable??????? What kind of law is that!!!! He could have done anything on my property not to my knowledge as it was 10 miles from my home and not on the way to or from work, and I still would have been liable?? I am beginning to think that it pays MORE to be underhanded and crooked than an upstanding citizen, and to think that he has gotten away with this. I have also heard from other people that this creep would bury the brush instead of burning it and would haul out the soil from the trenches that he digs and sell it, behind our back of course. I have learned and will not do business with anyone without good references up front, its a shame that people like this creep will wind up giving a bad name to other small business type individuals who would pay their bills and live up to their contracts. Thanks again for your advise, you were right on the money.