Lien deadlines · Ohio

Ohio mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Ohio lien affidavit: 60 days after last furnishing for a one- or two-family dwelling or residential condominium unit (§ 1311.06(B)(1)); 75 days after last furnishing for other improvements except oil and gas wells (§ 1311.06(B)(3)). Lien term: 6 years after the lien affidavit is filed (§ 1311.13(C)). After a notice to commence suit: 60 days after service of the notice to commence suit is completed (§ 1311.11(B)).

Ohio · Lien deadlinesVerified 2026-10-01
Lien filing
60 days after last furnishing
Residential projects
Preliminary notice
Direct contractor: None required; Laborer: None required
Deadline to sue
6 years after the lien affidavit is filed

Preliminary notice

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, SupplierAnyWhere a notice of commencement is recorded; not for an improvement under a home construction contract21 days after first furnishing or after a notice of commencement is recorded, whichever is laterStatute: Ohio Rev. Code § 1311.05(A); Ohio Rev. Code § 1311.04(I); Ohio Rev. Code § 1311.04(A)(1); Ohio Rev. Code § 1311.05(E)
Direct contractorAnyDefaultNone requiredStatute: Ohio Rev. Code § 1311.05(A)
LaborerAnyDefaultNone requiredStatute: Ohio Rev. Code § 1311.05(G)
at any time after the recording of the notice of commencement or amended notice but within twenty-one days after performing the first labor or work or furnishing the first materials or within the extended time period provided for in division (I) or (J) of section 1311.04 of the Revised Code.
Ohio Rev. Code § 1311.05(A) · Archived copy of the official text, captured 2026-05-20
If the owner, part owner, lessee, or designee fails to record the notice of commencement in accordance with this section, the time within which a subcontractor or material supplier may serve a notice of furnishing as required by section 1311.05 of the Revised Code is extended until twenty-one days after the notice of commencement has been recorded.
Ohio Rev. Code § 1311.04(I) · Archived copy of the official text, captured 2026-05-20
Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics' lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part owner, or lessee who contracts for the labor, work, or materials shall record in the office of the county recorder for each county in which the real property to be improved is located a notice of commencement in substantially the form specified in division (B) of this section.
Ohio Rev. Code § 1311.04(A)(1) · Archived copy of the official text, captured 2026-05-20
This section does not apply to any improvement made pursuant to a home construction contract as defined in section 1311.011 of the Revised Code.
Ohio Rev. Code § 1311.05(E) · Archived copy of the official text, captured 2026-05-20
No original contractor has to serve a notice of furnishing to preserve lien rights arising from a contract with an owner, part owner, or lessee.
Ohio Rev. Code § 1311.05(A) · Archived copy of the official text, captured 2026-05-20
No laborer must serve a notice of furnishing in accordance with this section to preserve lien rights.
Ohio Rev. Code § 1311.05(G) · Archived copy of the official text, captured 2026-05-20

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerResidentialDefault60 days after last furnishingStatute: Ohio Rev. Code § 1311.06(B)(1)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerOther than residentialDefault75 days after last furnishingStatute: Ohio Rev. Code § 1311.06(B)(3)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyIf the lien arises under section 1311.021 of the Revised Code120 days after last furnishingStatute: Ohio Rev. Code § 1311.06(B)(2)
If the lien arises in connection with a one- or two-family dwelling or in connection with a residential unit of condominium property as defined in Chapter 5311. of the Revised Code, within sixty days from the date on which the last labor or work was performed or material was furnished by the person claiming the lien
Ohio Rev. Code § 1311.06(B)(1) · Archived copy of the official text, captured 2026-05-20
within seventy-five days from the date on which the last of the labor or work was performed or material was furnished by the person claiming the lien
Ohio Rev. Code § 1311.06(B)(3) · Archived copy of the official text, captured 2026-05-20
If the lien arises under section 1311.021 of the Revised Code, within one hundred twenty days from the date on which the last labor or work was performed or material was furnished by the person claiming the lien
Ohio Rev. Code § 1311.06(B)(2) · Archived copy of the official text, captured 2026-05-20

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault30 days after the lien affidavit is filedStatute: Ohio Rev. Code § 1311.07
What the statute says about it. Recipients: The owner, part owner or lessee of the improved property, or the designee.
shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit
Ohio Rev. Code § 1311.07 · Archived copy of the official text, captured 2026-05-20

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault6 years after the lien affidavit is filedStatute: Ohio Rev. Code § 1311.13(C)
What the statute says about it. If an action to enforce the lien is brought within that time, the lien continues in force until final adjudication.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyAfter a notice to commence suit, given by the owner, part owner, lessee, mortgagee or another person with an interest in the real property, or by an original contractor or subcontractor who has provided a bond or other reasonable security, is served60 days after service of the notice to commence suit is completedStatute: Ohio Rev. Code § 1311.11(A)(1); Ohio Rev. Code § 1311.11(B)
What the statute says about it. If the lienholder does not commence suit within that time, or the action is commenced but dismissed with prejudice before adjudication, the lien is void and the property is wholly discharged from it.
(C) Liens under sections 1311.01 to 1311.22 of the Revised Code continue in force for six years after an affidavit is filed in the office of the county recorder under section 1311.06 of the Revised Code. If an action is brought to enforce the lien within that time, the lien continues in force until final adjudication thereof.
Ohio Rev. Code § 1311.13(C) · Archived copy of the official text, captured 2026-05-20
(A)(1) The owner, part owner, lessee, mortgagee, or any other person with an interest in real property upon which a lien has been taken, or any original contractor or subcontractor who has provided a bond, cash deposit, general obligation of any state government or of the United States government, obligation insured by an agency of the United States government, or other reasonable security in accordance with division (C) of this section, may notify the lienholder to commence suit on the lien, by written notice delivered to the lienholder in one of the following manners:
Ohio Rev. Code § 1311.11(A)(1) · Archived copy of the official text, captured 2026-05-20
Except as otherwise provided in this section, the notice to commence suit shall be served by the sheriff of the county in which the land upon which the lien has been taken is situated, upon payment of the same mileage and fees as provided by law with respect to the service of summons.
Ohio Rev. Code § 1311.11(A)(1) · Archived copy of the official text, captured 2026-05-20
If the lienholder fails to commence suit upon the lien within sixty days after completion of service upon him of the notice to commence suit, or if the action is commenced but dismissed with prejudice before adjudication, the lien is void and the property wholly discharged from the lien.
Ohio Rev. Code § 1311.11(B) · Archived copy of the official text, captured 2026-05-20

Notice of commencement and completion

Before any labor, work or materials are furnished for the improvement, the owner, part owner or lessee who contracts for them records a notice of commencement. This does not apply to a home construction contract, although the owner may record one when a lending institution requires it as part of the financing.

Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics' lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part owner, or lessee who contracts for the labor, work, or materials shall record in the office of the county recorder for each county in which the real property to be improved is located a notice of commencement in substantially the form specified in division (B) of this section.
Ohio Rev. Code § 1311.04(A)(1) · Archived copy of the official text, captured 2026-05-20
(O) This section does not apply to a home construction contract as defined in section 1311.011 of the Revised Code, except that when a lending institution as defined in division (A)(3) of section 1311.011 of the Revised Code requires that a notice of commencement be recorded as part of the financing for a home construction contract, which is secured in whole or in part by a mortgage on real estate upon which the improvements are to be constructed, the owner, part owner, or lessee may file a notice of commencement pursuant to this section
Ohio Rev. Code § 1311.04(O) · Archived copy of the official text, captured 2026-05-20

Residential projects

In these rules, residential means a one- or two-family dwelling or a residential unit of condominium property.

If the lien arises in connection with a one- or two-family dwelling or in connection with a residential unit of condominium property as defined in Chapter 5311. of the Revised Code, within sixty days from the date on which the last labor or work was performed or material was furnished by the person claiming the lien
Ohio Rev. Code § 1311.06(B)(1) · Archived copy of the official text, captured 2026-05-20

How the days are counted

The day of the event is not counted, and the last day of the period is.

The time within which an act is required by law to be done shall be computed by excluding the first and including the last day;
Ohio Rev. Code § 1.14 · Archived copy of the official text, captured 2026-06-12

A last day that falls on a Sunday or a legal holiday moves to the next day that is not one.

except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday.
Ohio Rev. Code § 1.14 · Archived copy of the official text, captured 2026-06-12

A last day on which the public office where the act is to be performed is closed to the public for the entire day or before its usual closing time also moves.

When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in this section.
Ohio Rev. Code § 1.14 · Archived copy of the official text, captured 2026-06-12

Who the deadlines apply to

Chapter 1311 of the Ohio Revised Code sorts its deadlines partly by who furnished the work. The notice of furnishing rule names subcontractors, sub-subcontractors and suppliers [1]. Two roles sit outside it in the statute's own sentences: an "original contractor" whose contract runs with an owner, part owner or lessee, and a "laborer" [1]. That is why the table lists the direct contractor and the laborer with None required at that stage.

The lien filing, service and suit rules name every role alike [1]. What splits the lien filing stage is the project, not the role: one period covers residential work and another covers other improvements, with oil and gas wells excepted from the second [1].

How the periods run

The notice of furnishing rule turns on a condition. It applies where a notice of commencement is recorded, and not for an improvement under a "home construction contract" [1]. The label reads 21 days after first furnishing or after a notice of commencement is recorded, whichever is later [1]. Where the notice is recorded late, the statute extends the time to serve, counting from that recording [1].

Lien filing counts from the other end of the job, the date the claimant last performed labor or work or furnished material [1]. If the lien arises under section 1311.021 of the Revised Code, the label reads 120 days after last furnishing [1].

The suit stage carries two separate rules.

Notice of commencement

Before any labor, work or materials go into the improvement, the owner, part owner or lessee who contracts for them records a notice of commencement with the county recorder [1]. The requirement does not reach a home construction contract. Even so, where a lending institution requires the notice as part of the financing for one, the owner may record it [1].

How residential work is treated

For these rules, residential means a one- or two-family dwelling or a residential unit of condominium property [1]. The lien filing stage is where that definition matters: the residential rule reads 60 days after last furnishing [1], while other improvements carry 75 days after last furnishing [1].

Counting the days

Ohio's general computation section, Ohio Rev. Code § 1.14, leaves out the first day and counts the last [2]. When the last day lands on a Sunday or a legal holiday, the act may be done on the next day that is neither [2]. A Saturday last day that is not a legal holiday moves only when the office where the act is to be done is closed that day [2]. Section 1.14 lists its legal holidays by name, adds any day the governor or the president appoints and recommends as a holiday, and treats the day after a holiday that falls on Sunday as a legal holiday [2].

What changed recently

Section 1311.04, the notice of commencement section, carries amendments by H.B. 96 of the 136th General Assembly, effective September 30, 2025 [1]. Section 1311.06, which holds the lien filing periods, carries an effective date of January 30, 2014; sections 1311.05 and 1311.13 carry March 30, 2007; and sections 1311.07 and 1311.11 carry April 10, 1991 [1].

Related

Lien deadlines: other states

Sources

  1. Ohio Rev. Code ch. 1311, Ohio Laws (archived copy, captured 2026-05-20)
  2. Ohio Rev. Code § 1.14, Ohio Laws (archived copy, captured 2026-06-12)

Changelog

  1. : Page published.
  2. : Dataset first published: 9 of 51 jurisdictions published.