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Texas Mechanics Lien
Deadlines & Filing Rules

Every notice, deadline, and recording requirement for a Texas construction lien, drawn from Tex. Prop. Code §§ 53.052, 53.055, 53.056, 53.158 and the same rule engine that calculates deadlines for our filing customers.

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Texas lien rules at a glance

Preliminary notice
Required for subcontractors, sub-subcontractors, and suppliers
Lien filing deadline
by the 15th day of the 3rd month after the month of completion of the project (or delivery of specially fabricated materials, whichever is later) (varies by role)
Notarization
Required
The claimant's signature must be notarized
Where to record
County clerk where the property sits
E-recording
Varies by county
Ask the recording office whether it accepts electronic recording before you rely on it.
Enforcement deadline
Within 1 year after the last day the lien could have been filed

Who can file a mechanics lien in Texas

Lien rights depend on where you sit in the contracting chain. Tenant-ordered work can reach the owner's interest in Texas only where the owner consented to or required the improvements. Owner-occupied residential projects carry extra notice requirements in Texas; missing them can cost the lien entirely.

Claimant Lien rights in Texas
General contractor (direct contract with the owner) Yes
Subcontractor (hired by the general contractor) Yes
Sub-subcontractor (hired by a subcontractor) Yes
Material supplier to the owner Yes
Material supplier to the general contractor Yes
Material supplier to a subcontractor Yes

Texas mechanics lien deadlines

Required for subcontractors, sub-subcontractors, and suppliers. Preliminary notices go to the property owner and the general contractor by certified mail.

Calculate your Texas deadlines

Enter your role and project dates to turn the rules below into calendar dates. For other states, use the mechanics lien deadline calculator.

Project type

Choose your role to see which dates you need.

These dates come from the same rules our lien filing service uses. They are not moved for weekends or holidays. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.

Preliminary notice deadline

The notice that preserves lien rights before any payment problem exists.

Who Project type Deadline
All claimants All projects By the 15th day of the 3rd month after each month in which unpaid labor or materials were provided (the 2nd month on residential projects)

Mechanics lien filing deadline

The last day the lien can be recorded against the property.

Who Project type Deadline
General contractors and suppliers to the owner Residential projects By the 15th day of the 3rd month after the month of completion of the project (or delivery of specially fabricated materials, whichever is later)
General contractors and suppliers to the owner Commercial projects By the 15th day of the 4th month after the month of completion of the project (or delivery of specially fabricated materials, whichever is later)
Subcontractors, sub-subcontractors, suppliers to the general contractor, and suppliers to a subcontractor Residential projects By the 15th day of the 3rd month after the month of last furnishing labor or materials (or delivery of specially fabricated materials, whichever is later)
Subcontractors, sub-subcontractors, suppliers to the general contractor, and suppliers to a subcontractor Commercial projects By the 15th day of the 4th month after the month of last furnishing labor or materials (or delivery of specially fabricated materials, whichever is later)

Texas does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.

How to file a Texas mechanics lien

The steps in order, each with the statute behind it. Some steps apply only to certain claimants, and each says so.

  1. 1

    Send the monthly notice of claim (subcontractors and suppliers)

    If you did not contract directly with the owner, send a Notice of Claim for Unpaid Labor or Materials to both the owner and the original contractor for each month in which labor or materials went unpaid. It is due by the 15th day of the 3rd month after that month. Use the statutory form wording. Deliver it in person, by certified mail, or by a traceable private delivery service that confirms receipt. Original contractors do not send this notice.

    Tex. Prop. Code §§ 53.056(a-1), (a-2), 53.003(b)

  2. 2

    Send the retainage notice if retainage is held

    If your contract provides for retainage, send a Notice of Claim for Unpaid Retainage to the owner and the original contractor, unless the retainage was already covered by a monthly notice. It is due by the earlier of the 30th day after your own contract is completed, terminated or abandoned, or the 30th day after the original contract is terminated or abandoned.

    Tex. Prop. Code § 53.057(a), (a-1), (a-2)

  3. 3

    Prepare the lien affidavit

    Draft an affidavit claiming a mechanic's lien with the contents listed in § 53.054: the sworn amount, the owner, a general statement of the work, who you worked for, the original contractor, a legal description of the property, your addresses and, if you are not an original contractor, the months of work and the dates and methods of each notice you sent. You may attach the contract and the notices.

    Tex. Prop. Code § 53.054

  4. 4

    Sign and swear to the affidavit

    The claimant or its agent signs the affidavit, which must contain a sworn statement of the amount claimed. In practice that means signing before a notary or other officer who can administer oaths.

    Tex. Prop. Code § 53.054(a)(1)

  5. 5

    File the affidavit with the county clerk

    File the affidavit with the county clerk of the county where the property is located. An original contractor files by the 15th day of the 4th month after the month its work was completed, terminated or abandoned. Others file by the 15th day of the 4th month after the month they last provided labor or materials. A retainage claim is due by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned. A deadline that falls on a weekend or legal holiday moves to the next business day.

    Tex. Prop. Code §§ 53.052, 53.003(e)

  6. 6

    Send a copy of the filed affidavit within 5 days

    Within 5 days after filing, send a copy of the filed affidavit to the owner or reputed owner. If you are not an original contractor, also send a copy to the original contractor within the same 5 days. Use one of the delivery methods in § 53.003.

    Tex. Prop. Code §§ 53.055, 53.003

  7. 7

    Sue to foreclose within one year

    A suit to foreclose the lien must be brought by the first anniversary of the last day you could have filed the affidavit. Before that year runs out, you and the current record owner can sign a written agreement extending it to the second anniversary of the filing date. The agreement must be recorded in the same county.

    Tex. Prop. Code § 53.158(a), (a-2)

  8. 8

    Release the lien when paid

    Once the debt is paid, the claimant must provide a recordable release of the lien within 10 days after a written request from the owner, the original contractor or the payor.

    Tex. Prop. Code § 53.152

What the affidavit claiming a mechanic's lien must contain

Texas law requires the affidavit claiming a mechanic's lien to include the following (Tex. Prop. Code § 53.054).

  • A sworn statement of the amount of the claim
  • The name and last known address of the owner or reputed owner
  • A general statement of the kind of work done and materials furnished; a claimant other than an original contractor must also state each month in which the work was done and materials furnished for which payment is requested
  • The name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor
  • The name and last known address of the original contractor
  • A description, legally sufficient for identification, of the property sought to be charged with the lien
  • The claimant's name, mailing address and, if different, physical address
  • For a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which it was sent
  • Signature of the person claiming the lien or another person on the claimant's behalf

The affidavit must contain 'substantially' the listed items; it need not itemize the work and may use trade abbreviations. Copies of the contract and notices may be attached. No official state form for the affidavit was found; the Property Code prescribes form wording only for the monthly notice (§ 53.056(a-2)) and the retainage notice (§ 53.057(a-2)). On a homestead the affidavit must also carry the 'NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.' heading (§ 53.254(f)).

Download a blank Texas lien claim form

The Affidavit Claiming a Mechanic's Lien our filing service prepares, with every field left blank. PDF, free, no sign-up. Fill in your own facts and check them against the list above before you sign.

Recording and enforcing a Texas lien

Recording the lien

Record with the county clerk where the property sits. Whether electronic recording is accepted varies by county, so confirm with the recording office and build mailing time into the deadline. The lien must be notarized. The claimant's signature must be notarized.

After recording

A copy of the recorded lien must be served on the property owner and the general contractor within 5 days of recording. To keep the lien alive it must be enforced by lawsuit within 1 year after the last day the lien could have been filed.

Wrongful lien exposure

Texas exposes claimants who file an exaggerated or baseless lien to damages. A person who knowingly files a fraudulent lien with intent to cause injury is liable for the greater of $10,000 or actual damages, plus court costs, attorney's fees and exemplary damages (CPRC § 12.002(b)); a Chapter 53 lien claimant is liable only if acting with intent to defraud (§ 12.002(c)). Separately, in a suit declaring a lien invalid the court awards equitable costs and attorney's fees (Prop. Code § 53.156).

Practitioner notes for Texas

Texas lien rules were rewritten by House Bill 2237, effective January 1, 2022, and the dates below follow the current Property Code. Subcontractors and suppliers who did not contract with the owner must send a notice of claim to both the owner and the original contractor for each month in which labor or materials went unpaid. The notice is due by the 15th day of the 3rd month after that month, or the 2nd month on residential projects (Tex. Prop. Code § 53.056). Unpaid retainage has its own notice, due within 30 days after the contract ends (§ 53.057). The lien affidavit is a sworn statement filed with the county clerk in the county where the property sits (§§ 53.052, 53.054). An original contractor files by the 15th day of the 4th month after the month its work was completed, terminated or abandoned, or the 3rd month on residential projects. Other claimants count from the month they last provided labor or materials. Within 5 days after filing, send a copy to the owner, and to the original contractor if you are not one (§ 53.055). A suit to foreclose must be filed within one year after the last day the affidavit could have been filed. A recorded written agreement with the owner can extend that to two years after filing (§ 53.158). Knowingly filing a fraudulent lien can bring liability of $10,000 or actual damages, whichever is greater, plus fees (Tex. Civ. Prac. & Rem. Code § 12.002). Homestead and residential projects carry extra contract and disclosure rules, so confirm with counsel before filing on a home.

These notes summarize the statute as we read it.

Statutory sources: Tex. Prop. Code §§ 53.052, 53.055, 53.056, 53.158. Read the Texas lien statute. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.

Where to record in Texas

Texas lien affidavits are filed with the county clerk of the county where the property sits. Several large counties accept e-recording, but only from the submitters listed in Local Gov't Code § 195.003, such as Texas attorneys, banks, credit unions, title companies and certain lenders. If you are not on that list, file by mail or in person. Since December 4, 2025, the clerk must see a photo ID from anyone filing in person.

The 10 most populous Texas counties, the office that takes liens in each, whether it accepts e-recording, and the fee it publishes. Liens on property in any other county go to that county's office.

County Office E-recording Fee
Harris Harris County Clerk, Real Property
Harris County Clerk, Attention: Real Property, P.O. Box 1525, Houston, TX 77251-1525 (FedEx/UPS: 201 Caroline, 4th Floor, Suite 460, Houston, TX 77002)
 Yes
Through Corporation Service Company (CSC), eRecording Partners Network (ePN), Simplifile
$25 for the first page ($5 first-page fee + $10 archive fee + $10 management fee), $4 each additional page, $0.25 per indexed name over five. Fee schedule
Dallas Dallas County Clerk, Recording Division
Dallas County Clerk's Office, Recording Division, 500 Elm Street, Suite 2100, Dallas, TX 75202
 Yes
Vendors not listed online
$25 for the first page ($5 recording + $10 records preservation + $10 archiving), $4 each additional page. Fee schedule
Tarrant Tarrant County Clerk, Real Estate Records
Tarrant County Clerk, 100 W. Weatherford Street, Room B20, Fort Worth, TX 76196
 Yes
Through Avenu Insights, CSC eRecording Solutions, eRecording Partners Network (EPN), Hopdox, Indecomm Global Services, Simplifile
$20 for the first page and $4 for each additional page for most documents recorded in the Official Public Records. Fee schedule
Bexar Bexar County Clerk, Real Property/Land Records
Bexar County Clerk's Office, ATTN: Recordings, 100 Dolorosa, Suite 104, San Antonio, TX 78205
 Yes
Through CSC eRecording, Simplifile, Erxchange, eRecording Partners Network, Indecomm Global Services, Hopdox
$25 for the first page ($5 recording + $10 archive + $10 records management), $4 each additional page. Fee schedule
Travis Travis County Clerk, Recording Division
Travis County Clerk, P.O. Box 149325, Austin, TX 78714 (commercial carrier: Recording Division, 5501 Airport Boulevard, #100B, Austin, TX 78751)
 Yes
Through Corporation Service Company (CSC), eRecording Partners Network (ePN), Indecomm Global Services, Four Tier Software, LLC, ICE Mortgage Technology
$25 for the first page, $4 each additional page (the last page needs 3 inches of blank space at the bottom or an extra page fee applies). Fee schedule
Collin Collin County Clerk, Land Recordings
Stacey Kemp, County Clerk, 2300 Bloomdale Road, Suite 2106, McKinney, TX 75071
 Not stated
Ask the office
 Mechanic's liens and other land records: $25 first page, $4 each additional page, $0.25 per indexed name over five; markings on the back of a page count as an extra page (fee schedule effective 1/1/2024, revised 3/19/2026). Fee schedule
Denton Denton County Clerk, Recording Division
Denton County Clerk, Attn: Recording, 1450 E. McKinney St., Denton, TX 76209
 Yes
Through CSC eRecording, eRecording Partners, Simplifile
$25 for the first page (includes the $10 records management and preservation fee), plus a required $4 recording information page, and $4 for each additional page. Fee schedule
Fort Bend Fort Bend County Clerk, Recording
Fort Bend County Clerk, 301 Jackson St, Richmond, TX 77469
 Yes
Through Simplifile, CSC eRecording, eRecording Partners Network (EPN)
$15 for the first page ($5 recording + $10 records management), $4 each additional page, $0.25 per indexed name over five (fee schedule effective January 1, 2024). Fee schedule
Hidalgo Hidalgo County Clerk, Recording Department Not stated
Ask the office
 $35 for the first page and $4 for each additional page for instruments recorded in the Official Public Records (2024 fee schedule). Fee schedule
El Paso El Paso County Clerk, Recording Division
El Paso County Clerk's Office, Attention: Recording Division, 500 E San Antonio, Ste. 105, El Paso, TX 79901
 Yes
Vendors not listed online
Fee not published online; ask the office.

Collected from each office's website on October 2, 2026. Fees and filing methods change. Confirm them with the office before you record.

Recent changes to Texas lien law

Changes since 2022 that affect lien deadlines, notices, forms or filing.

HB 2237 (87th Leg.): overhaul of the mechanic's lien statute

Effective January 1, 2022

Applies to original contracts entered into on or after January 1, 2022. Replaced the separate 2nd- and 3rd-month notices with one statutory Notice of Claim for Unpaid Labor or Materials sent to both owner and original contractor (2nd month on residential); added a statutory Notice of Claim for Unpaid Retainage; dropped the specially fabricated materials notice; allowed certified mail or any traceable delivery service; set the retainage affidavit deadline at the 15th day of the 3rd month; cut the foreclosure deadline to one year after the last day to file, extendable by recorded agreement; required the 5-day copy of the filed affidavit; and removed the notarization requirement for lien waivers (recorded releases still need it).

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237); Tex. Prop. Code §§ 53.003, 53.052, 53.054-53.057, 53.158

SB 1768 (88th Leg.): bond to indemnify against liens

Effective May 29, 2023

Changed the bond amount when liens total more than $40,000: the bond must be the greater of 1.5 times the liens or the liens plus $40,000. Smaller liens still need a bond of double the amount.

Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 6; Tex. Prop. Code § 53.172(3)

SB 929 (89th Leg.): weekend deadlines and design-professional lien inception

Effective May 21, 2025

Any notice or action deadline under Chapter 53 that falls on a Saturday, Sunday or legal holiday moves to the next business day. Liens of architects, engineers, surveyors, landscapers and demolition contractors (§ 53.021(3)-(5)) now take effect, and rank against other mechanic's liens, from the date the affidavit is recorded, and do not bind a buyer who acquired an interest before then.

Acts 2025, 89th Leg., R.S., Ch. 98 (S.B. 929), Secs. 1-2; Tex. Prop. Code §§ 53.003(e), 53.124(e)

SB 16 (89th Leg., 2nd C.S.): photo ID to file real property records in person

Effective December 4, 2025

A county clerk must require a photo ID from anyone presenting a document in person for filing in the real property records, which covers walk-in filing of a lien affidavit. The clerk copies or records the ID at no charge.

Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16), Secs. 6-7; Tex. Local Gov't Code § 191.010

Sources for this page (23)

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Texas mechanics lien FAQ

How long do I have to file a mechanics lien in Texas?
The Texas lien must be recorded by the 15th day of the 3rd month after the month of completion of the project (or delivery of specially fabricated materials, whichever is later). The deadline differs by claimant role and project type, so check the table above for your situation.
Do I need to send a preliminary notice in Texas?
Required for subcontractors, sub-subcontractors, and suppliers. Serve it on the property owner and the general contractor by certified mail. Missing it usually forfeits lien rights for the unnoticed work.
Does a Texas mechanics lien need to be notarized?
Yes. The lien must be notarized before it is recorded. The claimant's signature must be notarized.
Where is a mechanics lien filed in Texas?
With the county clerk where the property sits. Whether electronic recording is accepted varies by county, so check with the recording office and allow time for mailing and processing when working back from your deadline.
How long is a Texas mechanics lien valid?
A Texas lien must be enforced through a foreclosure lawsuit within 1 year after the last day the lien could have been filed. If no suit is filed by then, the lien expires and can no longer be used to force payment.
Can a subcontractor file a mechanics lien in Texas?
Yes. Subcontractors have lien rights in Texas, and so do sub-subcontractors. They must follow the preliminary notice rules to keep those rights.
Can I file a lien on a Texas public project?
No lien attaches to public property. On a public work contract, the prime contractor posts a payment bond when the contract exceeds $25,000 ($50,000 for a city). To claim on it, mail written notice of the claim to the prime contractor and the surety by the 15th day of the 3rd month after each month in which you performed labor or delivered material. A suit on the bond must be brought within one year after the notice is mailed. Source: Tex. Gov't Code §§ 2253.021, 2253.041, 2253.078.
Can a supplier to a supplier file a Texas mechanic's lien?
Generally no. The statute gives a lien to a person who furnishes labor or materials under a contract with the owner or the owner's agent, an original contractor, or a subcontractor. A company that only sells to a material supplier is not in that chain, so it has no lien right. Confirm your position in the chain before you file. Source: Tex. Prop. Code § 53.021(a).
What happens after I file the lien affidavit in Texas?
Within 5 days you must send a copy to the owner, and to the original contractor if you are not one. The lien then stays on the property only if you sue to foreclose by the first anniversary of the last day you could have filed. A recorded written agreement with the owner can extend that to two years after filing. If you miss the suit deadline, the lien is discharged. Source: Tex. Prop. Code §§ 53.055, 53.157, 53.158.
Can the owner challenge my lien?
Yes. The owner can file a verified summary motion to remove a lien on listed grounds, such as late notices, a defective or late affidavit, no 5-day copy, or a signed waiver. You get at least 30 days' notice before the hearing. If the court removes the lien, you can stay the order by posting a bond set by the court within 30 days. The owner can also bond around the lien. Source: Tex. Prop. Code §§ 53.160, 53.161, 53.171-53.172.
How do I release a Texas lien after I am paid?
Once the debt is paid, you must give a release of the lien within 10 days after a written request from the owner, the original contractor or whoever paid. The release must be in a form that can be recorded, and recording it discharges the lien. Releases filed with the county clerk still need to be notarized even though ordinary lien waivers no longer do. Source: Tex. Prop. Code §§ 53.152, 53.157(1).
What does it cost to record a lien affidavit in Texas?
The county clerk charges its real property recording fee. In the large counties checked, that is $15 to $35 for the first page plus $4 for each additional page; Harris, Dallas, Bexar, Travis and Collin charge $25 for the first page. Clerks may also charge $0.25 for each indexed name over five. Check the county's current fee schedule before you file. Source: Tex. Local Gov't Code § 118.011; county clerk fee schedules.

More Texas lien tools

Bordering states

This page summarizes Texas lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.