Texas Mechanic Lien Filing Deadlines

Original Contractor — Non-Residential (Commercial) Property

For non-residential (commercial) property, original contractors must file a mechanic lien affidavit with the county clerk in the county where the property is located by the 15th day of the 4th month following the month in which the original contractor's work was completed, terminated, or abandoned.

For example, if the contractor's contract was terminated on January 15th, then the affidavit must be filed by no later than May 15th. If the 15th falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day. The mechanic lien affidavit must be prepared in compliance with §53.054, 'Contents of Affidavit.'

Original Contractor — Residential (Non-Homestead) Property

For residential (non-homestead) property, original contractors must file a mechanic lien affidavit by the 15th day of the 3rd month following the month in which the original contractor's work was completed, terminated, or abandoned.

For example, if the project was completed in January, then the affidavit must be filed by no later than April 15th. If the 15th falls on a weekend or legal holiday, the period extends to the next business day.

Derivative Claimant — Non-Residential (Commercial) Property

For non-residential property, derivative claimants (subcontractors, suppliers) must file a mechanic lien affidavit by the 15th day of the 4th month following the month in which the indebtedness accrued. The derivative claimant must have already served the Notice of Claim under §53.056 before filing the affidavit.

The mechanic lien affidavit must include the months in which the unpaid work was performed, the date each notice of claim was sent, and the method of delivery. Proof of service for the Notice of Claim must be attached to the Claim of Mechanic Lien.

Derivative Claimant — Residential (Non-Homestead) Property

For residential (non-homestead) property, derivative claimants must file a mechanic lien affidavit by the 15th day of the 3rd month following the month in which the indebtedness accrued.

If there is any possibility the property may qualify as a homestead, the mechanic lien affidavit should include the homestead notice under §53.254(f) in at least 10-point bold font as a precaution.

Post-Filing Service Requirement — 5 Days After Filing

After filing the mechanic lien affidavit with the county clerk, a copy must be served on the owner or reputed owner no later than the 5th day after the date the mechanic lien affidavit is filed. This post-filing service requirement applies to both original contractors and derivative claimants.

Service may be made by any of the methods outlined in §53.003: in person, by certified mail, or via a traceable private delivery service. When served by certified mail, the copy is considered delivered on the date it is deposited with the USPS.

Summary of Texas Mechanic Lien Filing Deadlines

The following deadlines apply to filing a mechanic's lien affidavit in Texas:

• Original Contractor, Non-Residential: 15th day of the 4th month after completion/termination/abandonment
• Original Contractor, Residential: 15th day of the 3rd month after completion/termination/abandonment
• Derivative Claimant, Non-Residential: 15th day of the 4th month after indebtedness accrued
• Derivative Claimant, Residential: 15th day of the 3rd month after indebtedness accrued
• Post-Filing Service: Copy to owner within 5 days of filing the mechanic lien affidavit