Protecting (or Challenging) Lien Rights Under a Notice to Owner

A Notice to Owner (“NTO”) is a written notice governed by Florida Statute § 713.06 that places a property owner on notice that the sender, usually a subcontractor or supplier not dealing directly with the owner, is looking to the owner to ensure they are paid for materials or services rendered. As a prerequisite to securing the right to lien the property, the NTO must be served upon the owner not later than 45 days from the date of first labor, services, or materials delivered to the job site. The NTO gives the owner the opportunity to verify that the sender is paid, usually by obtaining a “Release of Lien” from the sender when payments are made to the contractor, so that the owner can track

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