What is the deadline to file a mechanic’s lien?

It depends on the state. Seayora holds a published statute for 50 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.

Deadline to file the lien, state by state

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

What is the deadline to file a mechanic’s lien in California?

In California, a direct contractor must record its claim of lien after completing its contract and before the earlier of 90 days after the work of improvement is completed or 60 days after the owner records a notice of completion or cessation. A claimant with a direct contract with the owner must give preliminary notice only to the construction lender, if there is one. Completion includes actual completion, the owner occupying or using the property after labor stops, or 60 continuous days without labor. An action to enforce the lien must be commenced within 90 days after the claim of lien is recorded, or the claim expires and cannot be enforced. A subcontractor or supplier often has different notice requirements and deadlines. This is Cal. Civ. Code §§ 8412, 8200, 8180, 8460.

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What is the deadline to file a mechanic’s lien in Texas?

In Texas, an original contractor on a residential construction project must file the lien affidavit with the county clerk by the 15th day of the third month after the month its work was completed, terminated or abandoned (the fourth month on other projects). The contractor must send a copy of the filed affidavit to the owner within five days after filing. Before the owner signs a residential construction contract, the original contractor must deliver the statutory "Know your rights and responsibilities" disclosure statement. To fix a lien on a homestead, the contract must be in writing, signed before any work or materials are furnished, signed by both spouses if the owner is married, and filed with the county clerk. Suit to foreclose the lien must be brought by the first anniversary of the last day the affidavit could have been filed, extendable by a recorded written agreement with the owner to the second anniversary of filing. A subcontractor or supplier often has different notice requirements and deadlines. This is Tex. Prop. Code §§ 53.001, 53.052, 53.055, 53.158, 53.254, 53.255.

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What is the deadline to file a mechanic’s lien in Florida?

In Florida, a contractor in a direct contract with the owner must record a claim of lien in the county clerk’s office no later than 90 days after its final furnishing of labor, services or materials, and serve it on the owner before recording or within 15 days after. A direct contract over $2,500 for improvements to a dwelling of up to four units must contain the statutory construction lien notice, signed and dated by the owner; leaving it out does not bar enforcement against a person who was not adversely affected. The notice to owner is required of lienors not in privity with the owner, not of the contractor. The contractor must deliver a final payment affidavit to the owner at least 5 days before suing to enforce the lien. The lien lasts one year after the claim of lien is recorded unless an action to enforce it is commenced within that time, and the owner may shorten that period to 60 days by recording a notice of contest of lien. A subcontractor or supplier often has different notice requirements and deadlines. This is Fla. Stat. §§ 713.015, 713.06, 713.08, 713.22.

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What is the deadline to file a mechanic’s lien in New York?

In New York, a contractor must file the notice of lien in the county clerk’s office within eight months after completing the contract or the last work or materials, or within four months when the property is a single-family dwelling. The sections read set no preliminary notice before filing; instead, within five days before or thirty days after filing, the lienor must serve a copy of the notice on the owner, and failing to file proof of that service with the county clerk within 35 days after filing terminates the notice as a lien. The lien lasts one year after filing unless within that time an action to foreclose is commenced and a notice of pendency is filed with the county clerk, or an extension is filed; a lien on a single-family dwelling may be extended only by court order. A subcontractor or supplier often has different notice requirements and deadlines. This is N.Y. Lien Law §§ 10, 11, 17.

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What is the deadline to file a mechanic’s lien in Pennsylvania?

In Pennsylvania, a contractor who contracted with the owner must file the lien claim with the prothonotary within six months after completing the work and serve written notice of the filing on the owner within one month after filing. No advance notice is required of a contractor who dealt directly with the owner; the 30-day formal notice of intention to file a claim applies to subcontractors. An action to obtain judgment on the claim must be commenced within two years from the date of filing unless the owner extends the time in writing. A subcontractor or supplier often has different notice requirements and deadlines. This is 49 P.S. §§ 1501, 1502, 1701.

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What is the deadline to file a mechanic’s lien in Illinois?

In Illinois, a contractor who contracted with the owner must record a verified claim for lien with the county recorder, or sue to enforce the lien, within 4 months after completion to hold it against other creditors, encumbrancers or purchasers, and may record it against the owner up to 2 years after completion. A suit to enforce the lien must be commenced within two years after completion of the contract or of any extra work. On an owner-occupied single-family residence the contractor must give the owner, before the first payment, a printed notice in at least 10-point boldface type that the contractor must submit a sworn statement of everyone furnishing labor and materials before payments are required, and must give the owner written notice within 10 days after recording a lien. A subcontractor or supplier often has different notice requirements and deadlines. This is 770 ILCS 60/7, 60/9, 60/5.

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What is the deadline to file a mechanic’s lien in Ohio?

In Ohio, a contractor who contracted with the owner must file a lien affidavit with the county recorder within 60 days after its last work or materials on a one- or two-family dwelling or a residential condominium unit, and within 75 days on most other projects. An original contractor does not have to serve a notice of furnishing to preserve lien rights under its contract with the owner. A copy of the affidavit must be served on the owner within 30 days after filing, or posted conspicuously on the property within ten days after those 30 days if it cannot be served. The lien lasts six years after the affidavit is filed, and through final judgment if an action to enforce it is brought within that time; if the owner serves a notice to commence suit, the lienholder must sue within 60 days after service or the lien is void. On a home construction contract for an owner’s personal residence, no lien exists if the owner paid the original contractor in full before receiving a copy of the lien affidavit. A subcontractor or supplier often has different notice requirements and deadlines. This is Ohio Rev. Code §§ 1311.011, 1311.05, 1311.06, 1311.07, 1311.11, 1311.13.

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What is the deadline to file a mechanic’s lien in Georgia?

In Georgia, a contractor must file its claim of lien with the clerk of the superior court of the county within 90 days after completing the work, and send the owner a copy by registered or certified mail or statutory overnight delivery within two business days after filing. The claim must include a statement of when the lien expires and a notice that the owner has the right to contest it, or the lien is invalid. The contractor must start a lien action within 365 days after filing the claim of lien and, within 30 days after starting it, file a notice of the action with the clerk of the superior court. The 30-day preliminary notice in § 44-14-361.5 is owed by those without privity of contract with the contractor, after a notice of commencement filed by the owner, the owner’s agent or the contractor within 15 days after work physically begins. An unlicensed contractor has no lien for work that required a residential or commercial general contractor license. A subcontractor or supplier often has different notice requirements and deadlines. This is O.C.G.A. §§ 44-14-361.1, 44-14-361.5, 43-41-17.

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How Seayora uses this rule

A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed and the amount still owed are on file when a lien deadline is counted.

Guides on this rule

• Mechanic’s Lien Deadlines by State: When to File — Mechanic’s lien filing deadlines in all 50 states and DC, when each clock starts, and the notice a statute requires before filing.

Other rules compared across states

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• Maximum late fee in 17 states
• Grace period before a late fee in 14 states
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• Adverse possession period in 51 states
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• Subletting in 18 states
• Electrician license in 45 states
• General contractors in 36 states
• Home improvement contractors in 11 states
• HVAC license in 34 states
• Plumber license in 45 states
• A deed to two or more people in 47 states
• Transfer-on-death deed in 35 states
• Labor on an appliance repair in 20 states
• Capital improvement in 8 states
• Repair labor on real property in 15 states
• How the contractor is treated in 51 states

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