How do I file a mechanic's lien in Ohio?
Ohio mechanic's liens are governed by Ohio Rev. Code Chapter 1311 (§§ 1311.01-.99).
1. Who Can File
Original contractors, subcontractors, material suppliers, laborers, and professionals providing labor, machinery, materials, or fuel for improvements (R.C. § 1311.02).
2. Preliminary / Pre-Lien Notice
When a Notice of Commencement (NOC) is recorded by the owner, subcontractors and suppliers must serve a Notice of Furnishing on the owner and original contractor within 21 days of first furnishing labor or materials (R.C. § 1311.05). Failure limits lien rights to work performed after notice.
3. Recording the Lien
File a verified Affidavit for Mechanic's Lien with the county recorder where the property lies. Deadlines: 75 days from last work for commercial projects, 60 days for residential, 120 days for oil/gas wells (R.C. § 1311.06(B)). Affidavit must include claimant, owner, work description, amount, dates of first/last work, and legal description.
4. Service on Owner
Serve a copy of the recorded affidavit on the owner within 30 days of recording (R.C. § 1311.07).
5. Suit to Foreclose
File foreclosure within 6 years of recording (R.C. § 1311.13). Owner may serve a written Notice to Commence Suit, requiring suit within 60 days (R.C. § 1311.11).
6. Priority
Liens attach and take priority from the date the first visible labor or materials are furnished, except as against bona fide purchasers, mortgagees, and lienholders prior to filing (R.C. § 1311.13).
7. Bond Release
Owner may post a surety bond of 1x the claim amount plus court-set additional security (often 1.5x) under R.C. § 1311.11 to release the lien.
8. Homestead / Residential
Home Construction Service Suppliers Act (R.C. Ch. 4722) requires written contracts and limits liens against owner-occupied residential property where homeowner has paid contractor in full to amount unpaid.
9. Fraudulent Lien Penalties
A willfully false or excessive lien is void and subjects the claimant to actual damages, attorney's fees, and possible criminal liability under R.C. § 1311.04(O).
This is legal information, not legal advice.
- Owner serves a 60-day Notice to Commence Suit
- Residential project subject to Home Construction Service Suppliers Act protections
- Notice of Commencement was filed late or incorrectly affecting Notice-of-Furnishing duty
- Ohio Rev. Code Ch. 1311
- R.C. § 1311.05
- R.C. § 1311.06
- R.C. § 1311.11
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.