Texas protects homesteads more than almost any state. You can still lien someone's home for unpaid work, but only if specific steps were taken, and some of them have to happen before you start work.
Quick answer: For a valid lien on a Texas homestead, the original contract must be in writing, signed by the owner (and spouse, if married) before work begins, and filed with the county clerk. Lien notices and affidavits on homestead jobs also need specific statutory warning language.
What counts as a homestead
Generally, a home the owner lives in or intends to live in. If you're working on someone's house and they live there, assume homestead rules apply.
The requirements
- Written contract before work starts. The original contractor's contract must be in writing and executed before any work is done or materials are furnished.
- Signed by both spouses. If the owner is married, both spouses must sign.
- Filed with the county clerk. The contract must be filed in the county where the home is located.
- Required notice language. The lien affidavit and notices on a homestead job must include specific statutory warnings to the owner.
What this means for subs and suppliers
Your lien rights on a homestead depend on the original contract between the owner and the GC. If the GC never got a proper signed contract filed, subs and suppliers may have no lien on the home, even with perfect notices. Ask the GC for a copy of the signed, filed contract before you start a residential job.
Residential deadlines
Residential jobs in Texas also have shorter deadlines. Subs and suppliers send notice of claim by the 15th day of the 2nd month after each month of unpaid work, and file the lien affidavit by the 15th day of the 3rd month after the month of their last work (for contracts signed on or after January 1, 2022).
If you can't lien the homestead
You still have a contract claim against whoever hired you. That's where collections comes in.
Read the full Texas lien deadline guide →
Frequently asked questions
Can you put a lien on a homestead in Texas?
Yes, but only if the original contract was in writing, signed by the owner and spouse before work began, and filed with the county clerk, along with the required notice language.
What if there's no written contract on a Texas home job?
There's generally no valid lien on the homestead. You can still pursue the party that hired you for payment.
What are the residential lien deadlines in Texas?
Subs and suppliers send notice by the 15th of the 2nd month after unpaid work and file by the 15th of the 3rd month after their last work.
This article is general information, not legal advice. LevelSet Collections is not a law firm. If your situation needs legal advice or a lawsuit, talk to an attorney licensed in your state.
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