Agricultural Liens for Rent in Florida
Florida statutes have created many opportunities for liens against agricultural products and equipment. A common type of agricultural lien is a landlord’s lien for rent.
Under Florida Statute 83.08, a landlord can have a lien on agricultural products raised by a farmer who owes him rent. Agricultural liens can extend to livestock and crops. If a farmer raises the agricultural products on the rented land, the landlord’s lien will be upon those products which were raised in the current year. The statute also makes the landlord’s lien superior to all other liens, regardless of which one came first chronologically. Fla. Stat. 83.08(1). A landlord can also have a lien against other property of the renter that is usually kept on the premises (i.e. agricultural equipment used to raise the products).
83.08 Landlord’s lien for rent.—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, as follows:(1) Upon agricultural products raised on the land leased or rented for the current year. This lien shall be superior to all other liens, though of older date.
(2) Upon all other property of the lessee or his or her sublessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased.(3) Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided.
This small subsection of the Florida statutes often surprises farmers who rent land – as it is generally unknown until the agricultural lien is being levied against the farmer’s products or equipment.
For a good quick reference guide of other Florida agricultural liens, see the chart created by the National Agricultural Law Center at the University of Arkansas.
