US-New YorkCan a contractor put a lien on my home if I haven't paid them?
Yes, a contractor can file a mechanic’s lien on your home in New York if you haven’t paid for labor or materials used to improve the property — but only if they follow strict legal deadlines and procedures.
What the Law Says
New York law allows contractors, subcontractors, and suppliers who furnish labor or materials for the improvement of real property to secure payment by filing a mechanic’s lien. This creates a legal claim against the property itself — meaning the lien must be satisfied before the property can be sold or refinanced.
To be valid, the lien must be filed in the county clerk’s office where the property is located. The deadline depends on the type of project: for residential buildings of one- to four-family dwellings, the lien must be filed within 8 months after the last day labor or materials were provided. For all other private projects (e.g., commercial buildings), the deadline is 4 months.
Before filing, certain parties — like subcontractors and suppliers who don’t contract directly with the property owner — must serve a 'Notice of Intent to File a Lien' at least 30 days before filing. Contractors who contract directly with the owner are not required to give this notice.
Once filed, the lien remains enforceable for one year from the date of filing — unless the lienor starts a court action to foreclose it within that time. If no action is taken, the lien automatically expires.
Statutory TextEvery person performing labor or furnishing materials for the improvement of real property… shall have a lien for the value of such labor or materials upon the real property improved.
— Lien Law § 3 — Persons entitled to lien
Statutory TextThe lien of a contractor… shall be filed… within eight months after the completion of the contract… in the case of a one-, two-, three- or four-family dwelling…; and within four months after the completion… in all other cases.
— Lien Law § 10 — Time for filing lien
Statutory TextNo lien shall be valid… unless the lienor serves upon the owner… a notice of intention to file a lien… at least thirty days before the filing thereof…
— Lien Law § 11 — Notice of intention to file lien
What to Do
Review your contract and verify whether work was completed as agreed and whether payments were due.
Check whether the contractor filed the lien properly — including correct timing, county filing, and required notices.
Send a written demand to the contractor requesting removal if the lien appears invalid or overstated.
File a petition in Supreme Court to discharge the lien (Lien Law § 19) — often with an affidavit showing the lien is defective or excessive.
If the lien is valid, negotiate payment or settlement; otherwise, prepare to defend against foreclosure if the contractor sues.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.