Good afternoon. We're trying to find out if the mechanic's lien we're filing is residential or commercial in nature. The property is a residential structure that is owned by a bank/trust and managed by a property management company that rents the property out to tenants. Thank you so much for your help!
If the improved structure is used for a residential purpose, the c;laim needs to be filed under the Residential Lien Law, N.J.S.A. 2A:44A-21. See:
https://law.justia.com/codes/new-jersey/2013/title-2a/section-2a-44a-21
Please keep in mind that a proper residential lien claim in NJ is a bit more complicated than filing a commercial lien claim, in that the Notice of Unpaid Balance needs to be filed within 60 days of when contract work was performed AND the claimant also has to file a claim with the American Arbitration Asscoiation.