Texas guide

Mechanic's lien deadlines in Texas: the 2026 guide for subcontractors

If you furnish labor or materials on a Texas project and you don't get paid, a mechanic's lien is how you force the issue. But the right to file expires fast. Here are the deadlines that matter, in plain language.

1. Monthly Notice of Unpaid Balance

   A subcontractor or supplier must notify the property owner and the original contractor of an unpaid balance. The notice is due for each month in which you furnished labor or materials and were not paid. Texas consolidated this into a single notice deadline for original contracts entered on or after January 1, 2022.

   Tex. Prop. Code § 53.056 (as amended eff. Jan 1, 2022)

2. File Lien Affidavit (Commercial)

   Record the lien affidavit with the county clerk in the county where the property is located. For non-residential (commercial) projects the filing deadline is the 15th day of the fourth calendar month after the month in which you last furnished labor or materials.

   Tex. Prop. Code § 53.052(a)

3. File Lien Affidavit (Residential)

   Record the lien affidavit with the county clerk. For residential projects the filing deadline is the 15th day of the third calendar month after the month in which you last furnished labor or materials.

   Tex. Prop. Code § 53.052(b)

4. Send Notice of Filed Affidavit (Commercial)

   After recording the affidavit, send a copy to the owner and the original contractor no later than the fifth day after you file it. The date shown is five days after the latest possible filing date; if you file earlier, send your copies within five days of your actual filing.

   Tex. Prop. Code § 53.055

5. Send Notice of Filed Affidavit (Residential)

   After recording the affidavit, send a copy to the owner and the original contractor no later than the fifth day after you file it. The date shown is five days after the latest possible filing date; if you file earlier, send your copies within five days of your actual filing.

   Tex. Prop. Code § 53.055

6. Bring Suit to Foreclose (Commercial)

   A lawsuit to foreclose the lien generally must be filed within one year of the last date you could have filed the lien affidavit (this period may be shortened by certain owner notices or extended by written agreement). The date shown is one year after the affidavit filing deadline.

   Tex. Prop. Code § 53.158

7. Bring Suit to Foreclose (Residential)

   A lawsuit to foreclose the lien generally must be filed within one year of the last date you could have filed the lien affidavit (this period may be shortened by certain owner notices or extended by written agreement). The date shown is one year after the affidavit filing deadline.

   Tex. Prop. Code § 53.158

This guide is general information based on public Texasstatutes, not legal advice, and your exact deadlines depend on your facts. Always confirm with a licensed Texas attorney before relying on a date.