Equipment rental companies often don't realize they have lien rights. In Texas, "material" under the lien statute includes rent at a reasonable rate and actual running repairs for construction equipment used or delivered for use at the job site (§ 53.001). That means unpaid rent on a skid steer, lift or excavator used on a project can support a lien on the property.
Where payment breaks down for equipment rental companies
- Rentals get extended month to month without a clear job address on file.
- Equipment moves between job sites under the same contract.
- The renter is a sub, so the owner never hears about your unpaid invoices.
- Damage charges and rent get mixed on the same invoice.
Your lien rights as an equipment rental company
Rent and running repairs for equipment used in the direct performance of the work at the site count as material under Texas law. Because you're usually renting to a sub or GC, you're a derivative claimant: send a notice of claim for each unpaid month and file by the 15th of the 4th month after your last month of rental (3rd on residential). Keep the job address on every rental contract.
The Texas deadlines that apply to you
For original contracts signed on or after January 1, 2022, a sub or supplier sends a notice of claim to the owner and the original contractor by the 15th day of the 3rd month after each month of unpaid work, or the 2nd month on a residential job (Tex. Prop. Code § 53.056). The lien affidavit is due by the 15th day of the 4th month after your last month of work, or the 3rd month on a residential job (§ 53.052). A contractor hired directly by the owner sends no pre-lien notice and counts from the month the original contract was completed, terminated or abandoned. If a deadline lands on a weekend or legal holiday, it moves to the next business day (§ 53.003(e)). Full Texas deadline guide → · Deadline calculator →
Residential or commercial? Texas uses its shorter residential deadlines when the home is owned and lived in (or meant to be lived in) by the owner, under the Property Code's definition of a residence (§ 53.001). A new home still owned by a builder can fall under the longer commercial deadlines. We check which set applies before we file.
What to keep for every job
- Rental agreements showing the job address
- Delivery and pickup tickets
- Monthly rental invoices by job
- Repair invoices kept separate from damage charges
Outside Texas?
We file liens for equipment rental companies in 18 states, in any county. Each state has its own notices and deadlines. See the states we serve →
Lien deadline passed or the lien didn't pay?
The debt is still owed. We collect unpaid construction invoices on contingency, 10% to 33%, with no charge if we don't collect. See construction collections →
Pricing and turnaround
Liens are $199 to $500, and that includes recording fees, notarizing and serving. Pre-lien notices are $100. Typical turnaround is 2 business days, and there's no minimum claim amount. Collections run on contingency, 10% to 33%, with no charge if we don't collect. Call (469) 694-8003, Monday through Friday, 8am to 7pm.
Other trades we file for
Roofing Contractors · Concrete Contractors · Plumbing Contractors · Electrical Contractors · HVAC Contractors · Painting Contractors · Fencing Contractors · Flooring Contractors · Drywall Contractors · Landscaping Contractors · Lumber and Building Material Suppliers
Frequently asked questions
Can an equipment rental company file a mechanics lien in Texas?
Yes. Texas defines lienable material to include reasonable rent and running repairs for construction equipment used at the job site.
What if the equipment moved between job sites?
Track rental days by job address. Each property's lien covers the rent for the time the equipment was on that job.
Can I lien for damage to my equipment?
Damage charges are a contract claim, not usually lienable rent. We can pursue them through collections.
This page is general information, not legal advice. LevelSet Collections is not a law firm; we prepare and file liens and notices as agent for the claimant. Deadlines change and depend on the facts of your job, so confirm your dates with us before relying on them.
Owed money as an equipment rental company?
Liens $199 to $500, recording, notarizing and serving included. Usually filed in 2 business days. Call (469) 694-8003.
