Legal Question in Administrative Law in Florida

A lein against my house for work done as an act of kindness

My son's father wanted to remodel my kitchen as an act of kindness. He wanted to do something nice for me and our son. I told him I did not have the money to remodle my kitchen, but he said it was a gift. He is now threatening to put a lein on my house for the work he did. Can this be done without any contract? I never agreed to reimburse him for anything. Would the courts just take his word for whatever agreement he makes up when he files this lein?


Asked on 7/14/07, 10:28 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: A lein against my house for work done as an act of kindness

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unless he is a licensed contractor, he cannot place any lien against your home. It sounds like your son's father may be making empty threats without any substance. Regardless, if you never signed any agreement with him it is doubtful that his claims would hold up in a court of law. He would have to prove the validity of his claim in court. In the worst case scenario, you could file suit to quiet title to the property and challange the validity of his liens if placed. Also, a claim would die after one year if he failed to take any action to enforce it within that time.

Scott R. Jay, Esq.

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Answered on 7/14/07, 11:31 am
Johm Smith tom's

Re: A lein against my house for work done as an act of kindness

You can safely ignore him until you are informed that litigation has commenced to collect money from you for the improvements. At that time, you would need to get an attorney but not before.

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Answered on 7/14/07, 7:20 pm


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