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What Happens If a Notice to Owner (NTO) Is Undelivered or Rejected?

Understanding Florida’s Lien Law Requirements When Service Fails

Under Florida’s Construction Lien Law (Chapter 713, Florida Statutes), certain construction professionals must serve a Notice to Owner (NTO) to protect their right to file a lien. This is not optional—missing this requirement can result in losing your lien rights and, ultimately, your ability to collect payment.
But what happens when the NTO is returned undelivered, or worse—refused by the recipient? Does that destroy your lien rights? Fortunately, Florida law accounts for these scenarios.
This guide breaks down exactly what happens when an NTO can’t be delivered, what the law says, and how to protect yourself.

Florida Law on Undelivered or Refused NTOs

Florida Statute §713.18 outlines the permitted methods for serving a Notice to Owner, including:
Importantly, the statute provides a safety net: if the NTO is properly addressed and mailed using one of these methods, it is considered served even if it’s returned undelivered or the recipient refuses to accept it.
Florida Statute §713.18(1)(c):
“If the notice is mailed to the last known address, service is effective on the date of mailing, whether or not the person accepts the notice.”

The 40-Day Mailing Rule

Florida law also presumes that an NTO is served on the date of mailing, but only if it’s mailed at least five days before the 45-day deadline—in other words, by day 40 after first furnishing labor, services, or materials.
Mailing on day 41 or later? In that case, the NTO is only considered served when it’s actually received.
PRO TIP: Always mail the NTO by day 40 to secure this legal presumption.

What If the NTO Is Returned Undelivered?

Returned NTOs can happen for a variety of reasons. These include:
If your NTO comes back undelivered, don’t panic—but act quickly.
Here’s what you should do:

3. Does a Refused NTO Still Count as Served?

Yes! Under Florida law, refusal to accept an NTO does not invalidate service.
Florida Statute §713.18(1)(c): “Service is effective on the date of mailing, whether or not the person accepts the notice.”
PRO TIP: If you suspect the owner or contractor may refuse the NTO, send it by multiple methods (Certified Mail + UPS/FedEx + Email) and document everything.

How to Prove You Complied with NTO Requirements

Even if your NTO is returned undelivered, you need to be ready to prove that you did everything right. Here’s how:

5. FAQs About Undelivered NTOs

Q1: If my NTO is returned undelivered, does that mean I lose my lien rights?

No. As long as it was properly addressed and sent by an approved method, it still counts as legally served under Florida Statute §713.18(1)(c).

Q2: What should I do if my NTO is refused?
Document the refusal and send it again via an alternate method (FedEx, UPS, or a process server). You can also attempt hand delivery.
Q3: Can I send an NTO by email or fax?
Florida law does not recognize email or fax as a primary delivery method. However, it can be used in addition to an approved method for extra documentation.
Q4: What if I sent the NTO to the wrong address?
If your NTO was returned due to an incorrect address, research the correct address and resend it ASAP. This is why verifying owner and contractor details beforehand is crucial.
Q5: How do I know if the owner received the NTO?
Check your USPS tracking. If delivery was successful, you’re covered. If returned, document it and attempt other service methods.

Final Takeaways & Best Practices

To avoid disputes over NTO delivery, follow these tips:
Florida lien law is strict—but also fair. If you follow the correct steps for mailing your NTO, your notice is legally considered served—even if it’s returned undelivered or refused. The key is mailing early, using approved methods, and documenting everything.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Because lien laws are complex and fact-specific, you should consult a qualified Florida attorney for advice regarding your particular situation.