Mechanic’s Liens and Lien Rights in Texas

A mechanic’s lien is one of the most powerful legal tools available to contractors, subcontractors, and suppliers in Texas. It provides leverage to get paid for labor or materials by placing a claim on the property itself. But Texas lien laws are strict, deadline-driven, and full of procedural traps.

This page explains how mechanic’s liens work in Texas, who qualifies, what notices are required, and how to protect or contest lien rights effectively.

1. What Is a Mechanic’s Lien?

A mechanic’s lien is a legal claim filed by someone who has provided labor or materials for the improvement of real property. If that person is not paid, the lien allows them to pursue payment by asserting a claim against the property, even potentially forcing a sale.

In Texas, lien rights are governed by Chapter 53 of the Texas Property Code. These rights are automatic for qualifying parties but are only preserved if strict notice and filing rules are followed.

2. Who Has Lien Rights in Texas?

Not every participant on a project has lien rights. The following parties may qualify:

• General (original) contractors
• Subcontractors and laborers
• Material suppliers
• Design professionals (architects, engineers, surveyors)
• Fabricators of specialty goods intended for a specific project
• Demolition contractors and landscapers (in some cases)

Parties who do not contract directly with the property owner must provide additional notices to preserve their lien rights.

3. What Property Types Allow Liens?

Mechanic’s liens may be filed against most private real property in Texas. However, liens cannot be placed on public land. For public works projects, unpaid contractors must instead file a bond claim under Chapter 2253 of the Texas Government Code.

Private property lien rights include:

• Single-family residential homes
• Commercial buildings
• Apartment complexes
• Condominium units
• Industrial and warehouse facilities

Lien rights vary slightly based on whether the project is residential or commercial, with stricter rules applying to homestead property.

4. Pre-Lien Notices

For subcontractors, suppliers, and others who do not contract directly with the property owner, a pre-lien notice is required before a lien can be filed. These notices must be sent by certified mail and contain specific statutory language.

Timing of pre-lien notices:

• Monthly notices must be sent by the 15th day of the second month after the work was performed or materials were delivered
• For residential projects, notice is due by the 15th day of the second month
• For commercial projects, notice is due by the 15th day of the third month

Missing a pre-lien notice deadline usually destroys lien rights for that invoice or time period.

5. Filing the Lien Affidavit

To perfect a mechanic’s lien, the claimant must file a lien affidavit in the real property records of the county where the property is located. The affidavit must be signed, notarized, and contain:

• A sworn statement of the amount owed
• A general description of the work performed or materials furnished
• The name and address of the owner and claimant
• The dates the work was performed
• A legal description of the property

Deadlines to file:

• Residential property: 15th day of the third month after completion of the work
• Commercial property: 15th day of the fourth month

Once filed, the affidavit must also be sent to the property owner.

6. Homestead Limitations

Texas law provides special protections for homesteads. A lien may only be valid against a homestead if:

• There is a written contract signed by both spouses
• The contract is signed before any work is performed
• The contract is filed in the county property records before the work begins

Failing to follow these rules can invalidate the lien entirely, even if all other steps were followed correctly.

7. Lien Waivers

Lien waivers are often required as a condition for payment. In Texas:

• Waivers must follow a statutory form
• Conditional waivers are used before payment clears
• Unconditional waivers are used after payment is received

Contractors and suppliers should never sign an unconditional waiver until payment has fully cleared. Signing too early may waive lien rights without receiving compensation.

8. Foreclosure and Enforcing the Lien

Filing a lien does not automatically result in payment. If a dispute continues, the lienholder may file a lawsuit to foreclose the lien.

• Suit must be filed within 1 year (residential) or 2 years (commercial) after the lien is filed
• A court may order the sale of the property to satisfy the debt
• Property owners may challenge the validity of the lien in court

Because lien enforcement can lead to the forced sale of property, courts expect strict compliance with the lien laws.

9. Removing or Contesting Invalid Liens

Property owners and contractors sometimes face invalid or exaggerated liens. In those cases, they may file:

• A motion to remove the lien under Chapter 53
• A summary motion to declare the lien fraudulent
• A bond to indemnify against the lien, allowing the project to move forward

Prompt legal action is often needed to clear title and avoid delays in financing or sale.

10. Best Practices for Preserving and Managing Lien Rights

Whether you are filing a lien or defending against one, success depends on proper documentation and timing.

• Keep detailed records of contracts, invoices, and delivery slips
• Send pre-lien notices by certified mail with return receipt
• Track lien and notice deadlines carefully
• Use correct statutory forms for waivers and affidavits
• Seek legal help before filing or contesting a lien

Even small errors can void a lien or expose a party to damages for wrongful filing.

Conclusion

Mechanic’s liens in Texas are powerful but complex. From notice requirements to filing deadlines and homestead protections, there are many legal details to get right. For contractors, suppliers, and property owners alike, understanding lien rights is essential to protecting your financial interests and project timeline.

Guerra Days Law Group helps clients across Texas file, enforce, and defend against mechanic’s liens. If you need help protecting your lien rights or clearing title, contact us today for guidance.