Texas lien deadlines don't count days. They run to the 15th of a month, and the month depends on what kind of job it was and where you sit in the payment chain. Miss one date and your lien rights are gone, no matter how good the work was or how much you're owed.
This guide covers the rules for original contracts signed on or after January 1, 2022, when Texas rewrote its lien law (House Bill 2237). If your contract is older, the old rules may still apply. Call us and we'll check.
Quick answer: On a commercial job, a sub or supplier generally has to send notice by the 15th day of the third month after the month the unpaid work was done, and file the lien by the 15th day of the fourth month after the month they last furnished labor or materials. On a residential job, each deadline is one month shorter.
Texas lien deadlines at a glance
| Step | Commercial job | Residential job |
|---|---|---|
| Notice of claim (subs and suppliers) | 15th day of the 3rd month after the month the work or material was provided | 15th day of the 2nd month after the month the work or material was provided |
| Lien affidavit: original contractor | 15th day of the 4th month after the month your work was completed, terminated or abandoned | 15th day of the 3rd month after that month |
| Lien affidavit: subs and suppliers | 15th day of the 4th month after the month you last provided labor or materials | 15th day of the 3rd month after that month |
| Send a copy of the lien to the owner | Within 5 days after filing | |
| Retainage notice | Earlier of 30 days after your contract ends or 30 days after the original contract ends | |
| Suit to foreclose the lien | Generally by one year after the last day you could have filed the lien | |
If a deadline lands on a weekend or legal holiday, it moves to the next business day.
Step 1: The notice of claim (subs and suppliers)
If you didn't contract directly with the owner, you have to warn the owner (and on commercial jobs, the original contractor) that you haven't been paid before you can lien. Texas now uses a single statutory notice form.
The clock runs from the month you did the unpaid work, not the end of the job. So if you have unpaid work in March, April and May, each month has its own deadline:
- Commercial: March work is due by June 15, April work by July 15, May work by August 15.
- Residential: March work is due by May 15, April work by June 15, May work by July 15.
That's the most common way subs lose lien rights: they wait for the whole job to finish before sending notice, and the early months have already expired.
Step 2: Filing the lien affidavit
The lien itself is a sworn affidavit filed with the county clerk where the property sits. In DFW that's usually Dallas, Tarrant, Collin or Denton County. It has to describe the property, name the owner and the party that hired you, state the amount owed, and include the dates you worked.
- Original contractors (hired by the owner): 15th day of the 4th month after the month your work was completed, terminated or abandoned. Residential: 3rd month.
- Subs and suppliers: 15th day of the 4th month after the month you last provided labor or materials. Residential: 3rd month.
Then send a copy to the owner within 5 days of filing. Skipping that step can sink an otherwise good lien.
Homestead jobs have extra rules
If the property is someone's home, Texas protects it as a homestead, and a lien is much harder to get. For a homestead lien to hold, you generally need all of these:
- A written contract signed before any work starts. If the owner is married, both spouses should sign.
- The contract filed with the county clerk.
- The required homestead notice language in your notices and in the lien affidavit itself.
If any of those is missing, the lien may not attach to the home. The debt is still owed, though. That's where construction collections comes in. Remodelers, see our page for home remodelers.
Retainage
On Texas private jobs, owners generally hold back 10% of the contract price until 30 days after the work is completed. If you're owed retainage, the notice deadline is short: the earlier of 30 days after your own contract ends or 30 days after the original contract ends. A retainage lien is due by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned.
Missed the deadline? You can still get paid
A missed lien deadline ends your claim against the property. It does not cancel the contract or the invoice. You can still pursue the company that hired you, and sometimes a payment bond, retainage that's still being held, or another party up the chain.
LevelSet Collections recovers unpaid construction invoices on contingency: 10% to 33% of what we collect, and no charge if we don't collect. See how construction collections works →
How LevelSet helps
- Liens from $199 to $500, including recording fees, notarizing and serving
- Pre-lien notices for $100
- Most liens filed within 2 business days of getting your info
- Over 1,100 liens filed since 2020 for GCs, subs and suppliers
Send us the job address, who hired you, your invoices and your first and last days on the job. We'll tell you which deadlines are still open. Start a lien →
Frequently asked questions
How long do I have to file a mechanics lien in Texas?
For subs and suppliers, generally the 15th day of the 4th month after the month you last provided labor or materials on a commercial job, or the 3rd month on a residential job. Original contractors count from the month their work was completed, terminated or abandoned.
Do I need to send a notice before filing a lien in Texas?
If you didn't contract directly with the owner, yes. Subs and suppliers must send a notice of claim by the 15th day of the 3rd month (commercial) or 2nd month (residential) after the month the unpaid work was done.
Can I put a lien on a house in Texas?
Sometimes. Homestead liens generally require a written contract signed before work starts (by both spouses if married), filed with the county, plus required notice language. Without those, collections may be the better route.
What if I missed the Texas lien deadline?
You lose the lien, not the debt. You can still pursue the company that owes you. We collect on contingency, 10% to 33%, with no charge if we don't collect.
This article is general information, not legal advice. LevelSet Collections is not a law firm. Deadlines are based on Texas Property Code Chapter 53 as amended by HB 2237 for original contracts signed on or after January 1, 2022. Sources: HB 2237 bill analysis, Tex. Prop. Code § 53.052.
Still inside your Texas lien window?
Liens from $199, filed in about 2 business days. Call (469) 694-8003.
