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Ohio Revised Code

Ohio Rev. Code § 1311.06 (2026)

Affidavit - time period for filing - contents

✓ current as of May 2026
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Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
PDF:
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(A) Any person, or the person's agent, who wishes to avail self of sections 1311.01 to 1311.22 of the Revised Code, shall make and file for record in the office of the county recorder in the counties in which the improved property is located, an affidavit showing the amount due over and above all legal setoffs, a description of the property to be charged with the lien, the name and address of the person to or for whom the labor or work was performed or material was furnished, the name of the owner, part owner, or lessee, if known, the name and address of the lien claimant, and the first and last dates that the lien claimant performed any labor or work or furnished any material to the improvement giving rise to the claimant's lien. If the affidavit is recorded, the omission or inaccuracy of any address in the affidavit does not affect its validity. The affidavit may be verified before any person authorized to administer oaths, whether agent for the owner, part owner, lessee, lien claimant, or an interested or other party.

(B) The affidavit shall be filed within one of the following periods:

(1) 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;

(2) 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;

(3) If the lien is one not described in division (B)(1) or (2) of this section, 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.

(C) The affidavit may be in the following form:

"AFFIDAVIT FOR MECHANICS' LIEN.

State of Ohio,

County of ________________________, ss:

____________________, whose address is ____________________, being first duly sworn, says that ____________________, the lien claimant, furnished certain material or performed certain labor or work in the furtherance of improvements located on or removed to the land hereinafter described, in pursuance of a certain contract, with ____________________, the owner, part owner, lessee, original contractor, subcontractor, or other person, as the case may be, whose address is ____________________ The first of the labor or work was performed or material was furnished on the ___________ day of _______________, _______ (year). The last of the labor or work was performed or material was furnished on the ________ day of ____________, ______(year), and there is justly and truly due ____________________, the lien claimant, therefor from ____________________, the owner, part owner, lessee, original contractor, subcontractor, or other person, as the case may be, over and above all legal setoffs, the sum of _________________ dollars, for which amount ____________________, the lien claimant, claims a lien on the land, building, or leasehold, of which ____________________ is or was the owner, part owner, or lessee, as the case may be, which property is described as follows:

________________________________________________________________

________________________________________________________________

________________________________________________________________

______________________________

Sworn to before me and subscribed in my presence this ____________ day of ___________________, ______ (year).

______________________________

______________________________

_____________________________"

(D) For purposes of this section, the description of the property is sufficient if made in accordance with division (B)(1) of section 1311.04 of the Revised Code.

(E) The county recorder shall indorse upon every affidavit the date and hour of its filing, and record it in the official records. No exemptions apply against any lien under this chapter.

(F) One or more laborers may authorize an agent to prepare, execute, file, and serve the affidavit required by this section. The affidavit may set forth the claims of one or more laborers, provided that the affidavit separately itemizes the claim of each laborer and may set forth claims for wages that are contractually due but are unpaid.
Notes of Decisions
Cited in 56 cases (11 in the last 5 years), 1955–2026 · leading case: Zara Constr., Inc. v. Belcastro, 2022 Ohio 788 (Ohio Ct. App. 2022).
Sort: Relevance Newest Treatment
Zara Constr., Inc. v. Belcastro, 2022 Ohio 788 (Ohio Ct. App. 2022). · cites it 14× “06 INTERPRETATION {¶27} Our analysis of this assignment of error begins with a review of the requirements of R.C. 1311.06. The relevant language of that section describes the required content of a mechanic’s lien and the deadline for filing it with the county recorder in the…”
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). · cites it 7× “The affidavit must include (1) the amount due over and above all legal setoffs, (2) a description of the property to be charged with the lien, (3) the name and address of the person to or for whom the labor or work was performed or material was furnished, (4) the name of the…”
Efficient Air Inc. v. Qualstan Corp. (In Re Qualstan Corp.), 302 B.R. 575 (Bankr. S.D. Ohio 2003). · cites it 21× “O.R.C. § 1311.06 In its Summary Judgment Motion, NCB also argues that EAI’s mechanics’ hens are invalid because of three defects.”
Hoppes Builders & Dev. Co. v. Hurren Builders, Inc., 692 N.E.2d 622 (Ohio Ct. App. 1996). · cites it 14× “Erb contends that its failure to include the correct name of the owner of the property in its affidavit for mechanic’s lien, in violation of R.C. 1311.06, was not fatal to its lien in light of the liberal interpretation afforded to mechanic’s lien statutes.”
SRS Distrib., Inc. v. Axis All., L.L.C., 2020 Ohio 1529 (Ohio Ct. App. 2020). · cites it 11× “Pursuant -3- to R.C. 1311.06, on or about January 18, 2018, SRS recorded an affidavit of mechanic’s lien with the Montgomery County Recorder.”
McGarry & Sons, Inc. v. Constr. Resources One, L.L.C., 2018 Ohio 528 (Ohio Ct. App. 2018). · cites it 2× “On these facts alone, MMS appears to have perfected its mechanic's lien, based upon a prima facie showing of compliance with R.C. 1311.06. National City Bank v. Golden Acre Turkeys, 3d Dist.”
Jack Conie & Sons Corp. v. Qualstan Corp. (In Re Qualstan Corp.), 303 B.R. 149 (S.D. Ohio 2003). · cites it 8× “O.R.C. § 1311.06 In its summary judgment motions, NCB argues that the mechanics’ hens of Conie, Heiberger, and Ferguson are invalid because of defects.”
Fairfield Ready Mix v. Walnut Hills Assocs., Ltd., 572 N.E.2d 114 (Ohio Ct. App. 1988). · cites it 3× “Accordingly, the trial court properly granted the motions for summary judgment on Count I of the complaint.”
Wayne Bldg. & Loan Co. v. Yarborough, 228 N.E.2d 841 (Ohio 1967). · cites it 2× “24, inclusive, of the Revised Code are effective from the date the first labor is performed, or the first machinery, materials, or fuel is furnished by the contractor under the original contract, and shall continue for six years after an affidavit is filed in the office of the…”
Simon v. Engineered Prot. Sys., Inc. (In Re Hatfield Elec. Co.), 91 B.R. 782 (Bankr. N.D. Ohio 1988). · cites it 2× “Ohio Rev.Code Ann. § 1311.06(B)(3) (Anderson Supp.”
Capital City Lumber Co. v. Ellerbrock, 220 N.E.2d 141 (Ohio Ct. App. 1966). · cites it 6× “03, Revised Code, and Section 1311.06, Revised Code. Section 1343.”
Burroughs Framing Specialists, Inc. v. 505 W. Main St., L.L.C., 2014 Ohio 3961 (Ohio Ct. App. 2014). · cites it 13× “Appellant submits that appellees never addressed appellant’s breach of contract claims in their motions for summary judgment, therefore the trial court should have only ruled on the issue of the validity of the mechanic’s lien affidavit.”
Show all 56 citing cases →
— Ohio Rev. Code § 1311.06(A) — 14 cases
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “The affidavit must include (1) the amount due over and above all legal setoffs, (2) a description of the property to be charged with the lien, (3) the name and address of the person to or for whom the labor or work was performed or material was furnished, (4) the name of the…”
Fairfield Ready Mix v. Walnut Hills Assocs., Ltd., 572 N.E.2d 114 (Ohio Ct. App. 1988). “Accordingly, the trial court properly granted the motions for summary judgment on Count I of the complaint.”
SRS Distrib., Inc. v. Axis All., L.L.C., 2020 Ohio 1529 (Ohio Ct. App. 2020). “Pursuant -3- to R.C. 1311.06, on or about January 18, 2018, SRS recorded an affidavit of mechanic’s lien with the Montgomery County Recorder.”
Hoppes Builders & Dev. Co. v. Hurren Builders, Inc., 692 N.E.2d 622 (Ohio Ct. App. 1996). “Erb contends that its failure to include the correct name of the owner of the property in its affidavit for mechanic’s lien, in violation of R.C. 1311.06, was not fatal to its lien in light of the liberal interpretation afforded to mechanic’s lien statutes.”
Jack Conie & Sons Corp. v. Qualstan Corp. (In Re Qualstan Corp.), 303 B.R. 149 (S.D. Ohio 2003). “O.R.C. § 1311.06 In its summary judgment motions, NCB argues that the mechanics’ hens of Conie, Heiberger, and Ferguson are invalid because of defects.”
— Ohio Rev. Code § 1311.06(B) — 2 cases
Efficient Air Inc. v. Qualstan Corp. (In Re Qualstan Corp.), 302 B.R. 575 (Bankr. S.D. Ohio 2003). “O.R.C. § 1311.06 In its Summary Judgment Motion, NCB also argues that EAI’s mechanics’ hens are invalid because of three defects.”
Fifth Third Bank v. Ohio Farmers Ins. Co., 2011 Ohio 1774 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 1311.06(B)(1) — 2 cases
Rootstown Excavating, Inc. v. Smith, 2011 Ohio 6415 (Ohio Ct. App. 2011).
Abc Supply Co. v. Custom Installation, Inc., 627 N.E.2d 618 (Ohio Ct. App. 1993).
— Ohio Rev. Code § 1311.06(B)(2) — 1 case
Sandy Supply Co. v. Superior Petroleum, Inc., 535 N.E.2d 722 (Ohio Ct. App. 1987).
— Ohio Rev. Code § 1311.06(B)(3) — 12 cases
McGarry & Sons, Inc. v. Constr. Resources One, L.L.C., 2018 Ohio 528 (Ohio Ct. App. 2018). “On these facts alone, MMS appears to have perfected its mechanic's lien, based upon a prima facie showing of compliance with R.C. 1311.06. National City Bank v. Golden Acre Turkeys, 3d Dist.”
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “The affidavit must include (1) the amount due over and above all legal setoffs, (2) a description of the property to be charged with the lien, (3) the name and address of the person to or for whom the labor or work was performed or material was furnished, (4) the name of the…”
Simon v. Engineered Prot. Sys., Inc. (In Re Hatfield Elec. Co.), 91 B.R. 782 (Bankr. N.D. Ohio 1988). “Ohio Rev.Code Ann. § 1311.06(B)(3) (Anderson Supp.”
SRS Distrib., Inc. v. Axis All., L.L.C., 2020 Ohio 1529 (Ohio Ct. App. 2020). “Pursuant -3- to R.C. 1311.06, on or about January 18, 2018, SRS recorded an affidavit of mechanic’s lien with the Montgomery County Recorder.”
In Re U.S. Elec., Inc., 123 B.R. 262 (Bankr. S.D. Ohio 1990).
— Ohio Rev. Code § 1311.06(C) — 2 cases
Grinder v. Schaaf, 2025 Ohio 4723 (Ohio Ct. App. 2025).
Grinder v. Schaaf, 2026 Ohio 312 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 1311.06(D) — 1 case
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). “The affidavit must include (1) the amount due over and above all legal setoffs, (2) a description of the property to be charged with the lien, (3) the name and address of the person to or for whom the labor or work was performed or material was furnished, (4) the name of the…”
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