Texas lien deadlines don't count days. They run to the 15th of a month, and which month depends on the type of job and where you sit in the payment chain. LevelSet Collections prepares, files and serves Texas mechanics liens for GCs, subs and suppliers. We're based in Carrollton and have filed more than 1,100 liens since 2020.
Quick answer: Subs and suppliers send a notice of claim by the 15th of the 3rd month after each month of unpaid work (2nd month on homes), and file the lien affidavit by the 15th of the 4th month after their last month of work (3rd month on homes). Original contractors file by the 15th of the 4th month after the month their contract was completed, terminated or abandoned (3rd month on homes). Rules apply to original contracts entered into on or after January 1, 2022.
Who can file a lien in Texas, and what notices each needs
Texas gives lien rights to anyone who furnishes labor or materials to build or repair an improvement under a contract with the owner, a contractor or a subcontractor. That includes makers of specially fabricated materials (even if never delivered), licensed architects, engineers and surveyors, landscapers, and demolition contractors (§ 53.021).
- General contractors (original contractors) contract directly with the owner. No pre-lien notice is required. File the lien affidavit on time and send the owner a copy.
- Subcontractors must send a notice of claim to the owner and the original contractor for each month of unpaid work before they can lien (§ 53.056).
- Suppliers follow the same notice rules as subs. If you fabricated materials specially for the job, the clock can run from the month they would normally have been delivered (§ 53.056(a-1)).
Notices must go by certified mail, in person, or another traceable delivery service that confirms receipt. Certified mail counts as given when it's mailed (§ 53.003).
Texas notice and lien deadlines
| Step | Who | Commercial | Residential | Statute |
|---|---|---|---|---|
| Notice of claim | Subs and suppliers | 15th day of the 3rd month after each month of unpaid work | 15th day of the 2nd month | § 53.056(a-1) |
| Retainage notice | Subs and suppliers owed retainage (if not already covered by a notice of claim) | Earlier of 30 days after your contract is completed, terminated or abandoned, or 30 days after the original contract is terminated or abandoned | § 53.057(a-1) | |
| Lien affidavit | Original contractor | 15th day of the 4th month after the month the original contract was completed, terminated or abandoned | 15th day of the 3rd month | § 53.052(a) |
| Lien affidavit | Subs and suppliers | 15th day of the 4th month after the last month you furnished labor or materials | 15th day of the 3rd month | § 53.052(b), (c) |
| Lien affidavit for retainage | Subs and suppliers | 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned | § 53.052(d) | |
| Copy of filed lien | Everyone (subs also send to the original contractor) | Within 5 days after filing | § 53.055 | |
| Suit to foreclose | Everyone | 1 year after the last day you could have filed the lien (extendable by written agreement with the owner, up to 2 years from filing) | § 53.158 | |
Example: A drywall sub on a commercial job last worked in March. The notice of claim for March work is due June 15. The lien affidavit is due July 15.
Homestead jobs
If the property is the owner's home, Texas adds requirements on top of the normal deadlines (§ 53.254):
- Written contract before work starts. The owner and the person furnishing labor or materials must sign a written contract before any work is done or materials are furnished.
- Both spouses sign. If the owner is married, both spouses must sign the contract.
- Filed with the county clerk. The contract must be filed with the county clerk where the home is located.
- Subs and suppliers ride on the GC's contract. A proper contract with the original contractor covers everyone working under that contractor. If the GC never got one signed and filed, the subs may have no homestead lien.
- Required warning language. A homestead lien affidavit must say at the top, in at least 10-point bold type: "NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN." The notice of claim to the owner must also include a statutory statement explaining the owner's retainage and withholding obligations.
On residential jobs, original contractors must also give the owner a statutory disclosure statement before the contract is signed (§ 53.255). Missing it doesn't void a lien, but it's required.
Retainage claims
Owners must hold back 10% of the contract price (or of the value of work done) during the job and for 30 days after the original contract is completed (§ 53.101). That reserve protects subs and suppliers who perfect their claims.
If you're owed retainage and your earlier notices didn't cover it, send a retainage notice to the owner and original contractor by the earlier of 30 days after your own contract ends or 30 days after the original contract is terminated or abandoned (§ 53.057). Then file the lien affidavit by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned (§ 53.052(d)). Watch the county records for an owner's affidavit of completion near the end of the job. More on Texas retainage claims →
Where and how Texas liens are recorded
The lien affidavit is filed with the county clerk in the county where the property is located (§ 53.052(e)). It must be sworn and include the required details: the amount owed, the owner's name, a property description, your name and address, who hired you, and the months you furnished labor or materials (§ 53.054). Within 5 days after filing, send a copy to the owner and, if you're not the original contractor, to the original contractor too (§ 53.055).
For DFW jobs, see our county pages: Dallas County, Tarrant County, Collin County and Denton County.
What happens after the lien is filed
- You get paid and release it. Once you're paid, you must provide a recordable release within 10 days after a written request from the owner, the original contractor or whoever paid (§ 53.152). We prepare and file releases.
- The owner bonds it off. An owner or contractor can file a bond to indemnify against the lien. The bond is generally double the lien amount (for liens over $40,000, the greater of 1.5 times the amount or the amount plus $40,000) (§ 53.172). Your claim then moves to the bond.
- The owner tries to remove it. A court can remove a lien on a summary motion for specific defects, such as late notices, a defective affidavit, no notice of the filed affidavit, or missing homestead requirements (§ 53.160). This is why getting the paperwork right matters.
- You enforce it. If nothing happens, you must sue to foreclose within 1 year after the last day you could have filed the lien (§ 53.158). That requires an attorney.
When collections is the better path
- You missed the deadline. Lien rights are gone, but the debt isn't.
- There are no lien rights. A public job, a homestead without a proper contract, or a debtor with no property you can reach.
- The lien didn't produce payment. We can work the account directly while the lien stays on record.
Our collections run on contingency, 10% to 33%, with no charge if we don't collect and no minimum. See construction collections →
What we need from you
- Property address (owner name if you have it)
- Who hired you, with their contact info
- Your contract, bid or work order
- Unpaid invoices and the amount owed
- The months you worked or delivered, and your last day
- Copies of any notices you already sent
- Whether it's a home, commercial building or public project
Don't have it all? Send what you have. We pull ownership and legal descriptions from the appraisal district and county records.
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. If your deadline is close, tell us when you call. Call (469) 694-8003, Monday through Friday, 8am to 7pm.
Frequently asked questions
How long do I have to file a mechanics lien in Texas?
Subs and suppliers file by the 15th day of the 4th month after the last month they furnished labor or materials on a commercial job, or the 3rd month on a residential job. Original contractors count from the month the original contract was completed, terminated or abandoned (Tex. Prop. Code § 53.052).
Do I need to send a notice before filing a lien in Texas?
If you didn't contract directly with the owner, yes. Send 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 (2nd month on residential jobs) (§ 53.056). Original contractors don't send this notice.
Does a GC need to send a notice before filing?
No pre-lien notice is required from an original contractor. The GC files the lien affidavit by the deadline in § 53.052 and sends the owner a copy within 5 days after filing (§ 53.055).
Can I put a lien on someone's house in Texas?
Yes, if the homestead rules were followed: a written contract signed before work began, signed by both spouses if the owner is married, and filed with the county clerk (§ 53.254). Without that, there's generally no valid lien on a homestead.
How much does it cost to file a lien?
Our liens run $199 to $500 depending on the job, and that includes recording fees, notarizing and serving. Pre-lien notices are $100. There's no minimum claim amount.
How long does a Texas lien last?
You must file suit to foreclose by the first anniversary of the last day you could have filed the lien affidavit. The owner can agree in writing to extend that, up to 2 years from filing (§ 53.158).
Can the owner get my lien removed?
The owner can file a bond to indemnify against the lien (§ 53.171-.172), which moves your claim from the property to the bond, or ask a court to remove it on specific grounds such as late notices or a defective affidavit (§ 53.160).
I missed the deadline. Can I still get paid?
Yes. Missing the deadline ends your lien rights, not the debt. The party that hired you still owes you, and we can pursue it through construction collections on contingency, 10% to 33%, with no charge if we don't collect.
This page is general information, not legal advice. LevelSet Collections is not a law firm; we prepare and file liens as agent for the claimant. Deadlines are from Texas Property Code Chapter 53 as amended by HB 2237 for original contracts entered into on or after January 1, 2022. Older contracts may follow the prior rules. Sources: Tex. Prop. Code ch. 53.
Still inside your Texas lien window?
Liens $199 to $500, recording, notarizing and serving included. Usually filed in 2 business days. Call (469) 694-8003.
