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Can I put a lien on an apartment complex?

I have a cleaning company. I was hired by the property manager at an Ohio apartment complex as a vendor. I do know this hire was approved by someone higher because they kept sending my insurance paperwork back. I cleaned apartments before new tenants moved in, hallways, laundry rooms, clubhouse and office. Some garbage was probably removed from all of the above. It has been over 90 days since the invoices were originally submitted. They owe me over $3000. Can I place a lien against the property complex?

2 replies

Jan 30, 2020

In Ohio, a mechanics lien must be filed within 75 days from last furnishing labor or materials in order to be valid (this deadline is shortened to 60 days for residential projects). If more than 75 days elapse after labor or materials are furnished to the project, the ability to file a lien is extinguished, and other avenues of recovery must be pursued. Additionally, parties must generally perform work related to the permanent improvement of property in order to qualify for mechanics lien protection. Recurring maintenance or cleaning work usually does not specifically give rise to mechanics lien rights. When and if mechanics lien rights do not apply to particular work, that's not necessarily the end of the road, however. A breach of contract lawsuit, or a lawsuit alleging different or additional causes of action (unjust enrichment, etc.) may potentially be a path to recovery. It may be worth exploring small claims court if the amount in dispute is less than $6,000. Pursuing recovery through small claims court can sometimes help decrease the time and expense required to recover the amounts due.

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Jan 30, 2020

First, note that mechanics liens can generally be filed against an apartment complex just as they could be filed against an individual residence, against commercial property, etc. But, of course, the claimant must be entitled to file a mechanics lien in order for that lien against an apartment complex to be valid and enforceable. Generally, mechanics lien rights will only be available to those who have permanently improved the project property via their work - and this is quite typically in the context of construction. And, work that temporarily improves the property - like cleaning or maintenance - will generally not give rise to mechanics lien rights. Of course, keep in mind that mechanics liens are only one recovery option - and there may be other options for recovery available. For more information on Ohio lien claims: Ohio Mechanics Lien Guide and FAQs.

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