Landlord's Liens
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Statutes
Every person to whom rent may be due, the person's heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased. (West's F.S.A. § 83.08)
Cases
The landlord's statutory lien is not required to be filed or recorded in order to be perfected and attaches at commencement of the tenancy or as soon as property is brought onto the premises. Robie v. Port Douglas, 662 So2d. 1389 (Fla. 4th DCA 1995)
Comments
Landlord liens do not have to be recorded in public records, (unlike financing statements - i.e. UCC Article 9), in order to be enforceable.
Contributors
Brittany S. Ogden
The statutory information was edited and reviewed with the support of MultiState
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