Texas mechanics lienNotice of claim and deadlines

The notice of claim is due the 15th day of the 3rd month after the month of work (2nd month on residential jobs)¹. The lien deadline is the 15th day of the 4th month after the month you last furnished (3rd month on residential jobs)¹; the deadline to sue is 1 year after the last day you could file the lien affidavit¹.

Your Texas lien deadlines

Enter your dates. Calendar days unless a line says otherwise.

First day you furnished labor or materials

Last day you furnished labor or materials

Residential project

Deadlines that fall on a weekend or holiday may move; the statute linked on each line controls.

Texas lien timeline

First day of work
15th of month 3after first workNotice of claim (first month of work)¹
your workany lengthLast day of work
15th of month 4after last workFile the lien affidavit¹
1 yearafter the filing deadlineSue to foreclose¹

Calendar days unless noted. The first rule listed for each step; the calculator applies the others.

How many days do you have to file a mechanics lien in Texas?

Original contractor: affidavit with county clerk by 15th day of 4th month after month original work completed/terminated/abandoned (non-residential), 3rd month (residential). Other claimants: 15th day of 4th month after month last provided labor/materials (3rd month residential). Retainage claims: 15th day of 3rd month after original contract completed/terminated/abandoned.¹ Prop. Code 53.052(a)-(d)

When is the Texas notice of claim due?

Derivative claimant sends notice of claim for unpaid labor/materials to owner and original contractor by the 15th day of the 3rd month after each month labor/materials provided (non-residential) or the 15th day of the 2nd month (residential). Statutory form required.¹ Prop. Code 53.056(a-1)

How long is a mechanics lien good for in Texas?

Suit to foreclose no later than the first anniversary of the last day the claimant could file the lien affidavit; extendable to the second anniversary of affidavit filing by written agreement with owner before expiry.¹ Prop. Code 53.158(a), (a-2)

Who can file a mechanics lien in Texas?

Person under contract with owner/agent/contractor/subcontractor who furnishes labor or materials, specially fabricates material, licensed architect/engineer/surveyor, landscaping, demolition.¹ Prop. Code 53.021

Does a Texas lien claim have to be notarized?

Affidavit signed by claimant or another on claimant's behalf, containing a sworn statement of the amount of the claim.¹ Prop. Code 53.054(a)(1)

What about public jobs in Texas?

Payment bond required for public work contracts over $25,000 ($50,000 for municipalities). Claimant mails notice to prime contractor and surety by the 15th day of the 3rd month after each month of work, with sworn statement of account; may sue if unpaid by the 61st day after mailing; suit barred after first anniversary of the date notice was mailed.² Gov't Code 2253.021, 2253.041, 2253.073, 2253.078

Are there extra rules for homesteads in Texas?

Lien on homestead requires written contract executed before work begins, signed by both spouses if married.¹ Prop. Code 53.254

How do you file a mechanics lien in Texas?

Notice of claim (first month of work): due the 15th day of the 3rd month after the month of work (2nd month on residential jobs). Prop. Code 53.056(a-1) A derivative claimant sends a notice for each month with unpaid labor or materials; this date covers the first month.
File the lien affidavit: due the 15th day of the 4th month after the month you last furnished (3rd month on residential jobs). Prop. Code 53.052(a)-(d)
Sue to foreclose: due 1 year after the last day you could file the lien affidavit. Prop. Code 53.158(a), (a-2)

Each line restates the statute cited next to it. Check the statute text before you file.

Sources

Prop. Code 53.056(a-1) (tcss.legis.texas.gov, 2026-10-27)
Gov't Code 2253.021, 2253.041, 2253.073, 2253.078 (tcss.legis.texas.gov, 2026-10-27)