An Ohio mechanic’s lien is used to file a claim against a property when a worker or supplier hasn’t been compensated by the owner or contractor. Regardless of whether the contract is with the property owner or a general contractor, the property owner will be named as the debtor in the lien.
When a property owner begins improvements on their property in Ohio, they are required to file a “notice of commencement” with the local county recorder’s office (§ 1311.04). Likewise, all subcontractors working on the property must file a “notice of furnishing” with the same county recorder to reserve their right to file a mechanic’s lien (§ 1311.05). A copy of the notice must be served on the owner with written evidence of its receipt (§ 1311.19).
If a worker or supplier is not paid on time, they can file an affidavit (the mechanic’s lien form) with the county recorder to put a lien on the property. After filing the affidavit, the claimant must serve a copy on the owner with proof of receipt within thirty (30) days or by posting it on the property within forty (40) days (§ 1311.07).
Laws & Requirements
- Laws: Chapter 1311 – Liens
- Signing Requirements (§ 1311.06(C)): Notary Public
- Time Limit for Recording Lien (§ 1311.06(B)):
- One (1) or two (2) family dwelling/condominium – sixty (60) days
- Oil or gas well facilities – one hundred twenty (120) days
- All other properties – seventy-five (75) days
- Deadline for Enforcing Lien (§ 1311.13(C)): Six (6) years