How do I file a mechanic's lien in Texas?
Texas mechanic's and materialman's liens are governed by Tex. Prop. Code Ch. 53 (substantially rewritten by SB 219 effective January 1, 2022).
1. Who Can File
Original contractors, subcontractors, material suppliers, design professionals (architects, engineers, surveyors), landscapers, and laborers (Prop. Code §§ 53.021, 53.022).
2. Preliminary / Pre-Lien Notice
Subs/suppliers must send a Pre-Lien Notice (Notice to Owner and original contractor) by the 15th day of the 3rd month following each month unpaid labor or materials were furnished (Prop. Code § 53.056). Residential: 15th of the 2nd month. Notice must be sent certified mail.
3. Recording the Lien
File a sworn lien affidavit in the county clerk's real-property records where the property is located. Original contractors and subs on commercial projects: by the 15th day of the 4th month after the month the contract ends (or work is completed/abandoned). Residential: 15th of the 3rd month (Prop. Code § 53.052). Affidavit must include claimant name, amount, owner, original contractor, description of work, legal description, and notice information (Prop. Code § 53.054).
4. Service on Owner
A copy of the affidavit must be sent to the owner and original contractor within five business days of filing (Prop. Code § 53.055).
5. Suit to Foreclose
Bring foreclosure suit within 1 year from the last day a claimant could file the lien (commercial) or 1 year for residential; deadline can be extended once by written agreement (Prop. Code § 53.158).
6. Priority
Liens relate back to the inception of the original construction contract, ahead of subsequent mortgages (Prop. Code § 53.124).
7. Bond Release
Owner may file a bond to indemnify against the lien for 1.5x the claim under Prop. Code § 53.171.
8. Homestead / Residential
Homestead liens require a written contract signed by both spouses, filed in county records before work begins, plus statutory disclosures (Prop. Code §§ 53.254-.255). Failure voids the lien.
9. Fraudulent Lien Penalties
Filing a fraudulent lien exposes the claimant to actual damages, $10,000 statutory damages, attorney's fees, and exemplary damages (Tex. Civ. Prac. & Rem. Code § 12.002).
This is legal information, not legal advice.
- Homestead property is involved and contract formalities are uncertain
- Multiple tiers of subs/suppliers create competing claims
- Owner asserts the work was retainage, bonded, or completed under SB 219 trapping rules
- Tex. Prop. Code Ch. 53
- Tex. Prop. Code §§ 53.052-.056
- Tex. Civ. Prac. & Rem. Code § 12.002
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.