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Can a Florida Lic. contractor legally work on a rental property without the owners permission?

Jacksonville, FL |

Tenant damaged property significantly. The lease stated no painting or work on structure was permitted. Tenant hired a contractor to repair damages without the owners permission and without a permit.

Attorney Answers 3

Posted

For a landlord to avoid liability for work contracted for by the tenant, the landlord must include a provision in the lease prohibiting such action and record a memorandum of that provision of the lease in the public records of the county in which the property is located. If you are unsure of your rights and responsibilities as a landlord, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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3 lawyers agree

Posted

It is unclear if your question is about getting stuck with a bill you didn't authorize or if you are unhappy with the work done. Any claim would be against the tenant.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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1 comment

Robert Stuart Weinroth

Robert Stuart Weinroth

Posted

YES .. and the contractor is apt to slap on a mechanics lien for work done on the property that is not paid for by tenant. Lease terms need to specifiy obligations as to repairs (who handles/who pays/indeminification issues and whether the tenant has a legal power to bind landlord. As to the contractor, unless there is knowledge of your interest the balance due will remain a lien against the property.

Posted

No. Without the landlord's permission, the tenant then becomes responsible for any damages that occur. I can't imagine a contractor not checking with the landlord. The contractor can be sued for damages as well.

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