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Texas Mechanics Lien

File a Texas mechanics lien to secure payment for construction work. Learn the month-based affidavit deadline, the monthly notice rule, and how to enforce it.

Introduction

A Texas mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the lien attaches to the property and clouds the title, and can be enforced by a court-ordered foreclosure sale. Chapter 53 of the Property Code grants the right, but its deadlines are set by calendar month, not a simple day count. A subcontractor or supplier must send the owner and original contractor a monthly notice, due on a non-residential job by the 15th day of the third month after each unpaid month. An original contractor files the lien affidavit with the county clerk by the 15th day of the fourth month after the work was completed, terminated, or abandoned; residential deadlines fall a month earlier. You must then sue to foreclose within one year. DocDraft prepares a Texas mechanics lien and its notices from your project details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A Texas mechanics lien secures payment against the improved property. Original contractors, subcontractors, material suppliers, laborers, and certain design professionals who improved real property and were not paid can claim one under Chapter 53 of the Property Code.

  2. 2

    Derivative claimants must send monthly notices. Under Property Code section 53.056 a subcontractor or supplier notifies the owner and original contractor by the 15th day of the third month after each unpaid month on a non-residential job, or the second month on residential work.

  3. 3

    The lien affidavit is filed by month, not by day count. Under section 53.052 an original contractor files by the 15th day of the fourth month after the work was completed, terminated, or abandoned; residential deadlines move a month earlier, to the third month.

  4. 4

    You must sue to foreclose within one year. Under section 53.158 suit must be brought not later than the first anniversary of the last day a claimant could file the lien affidavit under section 53.052, subject to a limited exception.

  5. 5

    Texas reads the requirements strictly. Missing a monthly notice, the month-based affidavit deadline, or the one-year suit deadline generally forfeits the lien, though a separate breach-of-contract claim against the party that hired you may remain.

  6. 6

    The affidavit and notices are prescribed. Section 53.054 lists the required contents of the lien affidavit, and sections 53.056 and 53.057 set the notice language, so the affidavit and notices must follow the statute.

  7. 7

    Homesteads demand a written contract first. Under section 53.254 a lien on a homestead requires a contract signed before work begins, signed by both spouses if married, filed with the county clerk, with the affidavit carrying the statutory 'NOTICE: THIS IS NOT A LIEN' warning.

Key decisions before you file

Before you file a Mechanics Lien in Texas, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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Texas Requirements for Mechanics Lien

  • Texas Filing Deadline and Office

    File the Texas mechanics lien in the correct office, a county recorder or court as Texas requires, within the state's deadline after you last furnish labor or materials. Texas applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions