1. Lien deadlines
  2. Texas

Mechanics lien law

Texas lien deadlines for contractors

Updated · Checked against primary sources

The short answer

In Texas, subs and suppliers send a notice of claim by the 15th day of the 3rd month after each unpaid month (2nd month on residential). Lien affidavits are due by the 15th day of the 4th month after the month work ended (3rd month residential). Send the affidavit to the owner within 5 days. Sue within one year after the last day to file.

The deadlines

StepRule
Preliminary notice: whoEvery claimant other than an original contractor must send a notice of claim for unpaid labor or materials to the owner and the original contractor (Tex. Prop. Code 53.056). Original contractors in privity with the owner do not send it.
Preliminary notice: whenCommercial: by the 15th day of the third month after the month the labor or materials were provided. Residential: by the 15th day of the second month. (Unpaid retainage not covered by that notice needs a separate notice by the earlier of 30 days after the claimant's contract, or the original contract, ends (53.057).)
File or register the lienOriginal contractors: file the lien affidavit with the county clerk by the 15th day of the fourth month after the month their work was completed, terminated or abandoned (third month for residential projects). Other claimants: by the 15th day of the fourth month after the month they last provided labor or materials (third month residential). Retainage claims: by the 15th day of the third month after the original contract ends (Tex. Prop. Code 53.052).
Enforce or perfect itSuit to foreclose must be brought by the first anniversary of the last day the claimant could file the lien affidavit under 53.052; a recorded written agreement with the owner can extend this up to two years after filing (Tex. Prop. Code 53.158).
Residential jobsResidential projects use the shorter second-month notice and third-month affidavit deadlines. A lien on a homestead also requires a written contract signed before work starts (by both spouses if married) and filed with the county clerk, plus specific statutory warnings (Tex. Prop. Code 53.254).

Other notices and rules

Common questions

Do I need to send a preliminary notice in Texas?
Every claimant other than an original contractor must send a notice of claim for unpaid labor or materials to the owner and the original contractor (Tex. Prop. Code 53.056). Original contractors in privity with the owner do not send it. Commercial: by the 15th day of the third month after the month the labor or materials were provided. Residential: by the 15th day of the second month..
How long do I have to file a lien in Texas?
Original contractors: file the lien affidavit with the county clerk by the 15th day of the fourth month after the month their work was completed, terminated or abandoned (third month for residential projects). Other claimants: by the 15th day of the fourth month after the month they last provided labor or materials (third month residential). Retainage claims: by the 15th day of the third month after the original contract ends (Tex. Prop. Code 53.052).
How long does a Texas lien last before I have to enforce it?
Suit to foreclose must be brought by the first anniversary of the last day the claimant could file the lien affidavit under 53.052; a recorded written agreement with the owner can extend this up to two years after filing (Tex. Prop. Code 53.158).

General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in Texas before relying on a deadline. Reflects Chapter 53 as rewritten by H.B. 2237, effective for original contracts entered on or after January 1, 2022.

Where Pavado comes in

How Pavado builds a CRM around your jobs

Lien rights are usually lost to a calendar, not a court. We build CRMs that start each job's notice and lien clocks from its real start and completion dates and remind you before every deadline, so the rights you earned by doing the work are still there when a customer stops paying.

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Other states

Sources

  1. Tex. Prop. Code 53.052 (lien affidavit)
  2. Tex. Prop. Code 53.055 (notice of filed affidavit)
  3. Tex. Prop. Code 53.056 (notice of claim)
  4. Tex. Prop. Code 53.057 (retainage notice)
  5. Tex. Prop. Code 53.158 (suit deadline)
  6. Tex. Prop. Code 53.254 (homestead)

Cite this page

Pavado, “Texas Lien Deadlines 2026: Notice and Filing”, https://www.pavadotech.com/lien-deadlines/texas, updated 2026-09-24.