Texas Lien Deadlines
Missing a lien deadline in Texas is not a technicality. Once the deadline passes, your lien rights are permanently gone. We have seen contractors with iron-clad cases lose all leverage because they waited too long.
This page covers both commercial and residential lien deadlines. Residential deadlines are shorter, always one month ahead of the commercial dates. Both are shown in the calculator and table below.
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If your contract includes a retainage provision, you must also send a written retainage claim notice to the owner and original contractor by the 30th day after your contract was completed, terminated, or abandoned — regardless of which month that falls in. Do not miss this separate deadline.
Missing any of these dates permanently extinguishes your rights for that period. There is no extension, no grace period, and no court that can revive a missed lien deadline. If you are close to a deadline, act today.
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This calculator provides general deadline information based on Texas Property Code Chapter 53. It is not legal advice. Deadline calculations depend on the specific facts of your project, contract, and notice history. Always consult a licensed Texas attorney before relying on any deadline calculation.
Not sure which category you fall into? See our Contractor Tiers page for a plain-English explanation of the difference between an original contractor and a subcontractor.
The Three Deadlines You Need to Know
Commercial lien law in Texas has three separate deadlines that work together. Missing any one of them can end your ability to collect through a lien.
Deadline 1: The Pre-Lien Notice
If you do not have a direct contract with the property owner, meaning you are a subcontractor, a supplier, or anyone hired by the general contractor rather than by the owner, you must send a written pre-lien notice to both the owner and the general contractor.
For commercial projects, this notice must go out no later than the 15th day of the third month following each month in which you furnished labor or materials and were not paid. For residential projects, the deadline is one month shorter: the 15th day of the second month following the month of unpaid work.
So if you did unpaid commercial work in January, your notice must be sent no later than April 15th. If the project is residential, that same January work requires a notice by March 15th.
You do not send one notice at the end of the project. You send a notice for each month in which you are owed money and the money has not come. Missing a monthly notice for a particular period can eliminate your lien rights for that period, even if you sent notices for other months.
Original contractors, those who have a direct contract with the owner, do not have to send a pre-lien notice. But their lien filing deadline is still fixed.
Deadline 2: The Lien Affidavit
The lien affidavit is the document you file with the county clerk to officially record your lien against the property.
For commercial subcontractors and suppliers, the affidavit must be filed no later than the 15th day of the fourth month after the last month in which you furnished labor or materials. For residential subcontractors and suppliers, the deadline is one month shorter: the 15th day of the third month.
For original contractors on commercial projects, the affidavit must be filed no later than the 15th day of the fourth month after the earlier of your last day of work or the date the project was completed, terminated, or abandoned. On residential projects that deadline is the 15th of the third month.
Example: You are a commercial subcontractor. You last furnished materials in August. Your lien affidavit must be filed by December 15th. If this were a residential project, your deadline would be November 15th.
Miss that date and you cannot file a valid lien.
| Last Month of Work |
Notice Deadline Commercial (3rd month) |
Notice Deadline Residential (2nd month) |
File Lien Affidavit Commercial (4th month) |
File Lien Affidavit Residential (3rd month) |
|---|---|---|---|---|
| January | April 15 | March 15 | May 15 | April 15 |
| February | May 15 | April 15 | June 15 | May 15 |
| March | June 15 | May 15 | July 15 | June 15 |
| April | July 15 | June 15 | August 15 | July 15 |
| May | August 15 | July 15 | September 15 | August 15 |
| June | September 15 | August 15 | October 15 | September 15 |
| July | October 15 | September 15 | November 15 | October 15 |
| August | November 15 | October 15 | December 15 | November 15 |
| September | December 15 | November 15 | January 15 | December 15 |
| October | January 15 | December 15 | February 15 | January 15 |
| November | February 15 | January 15 | March 15 | February 15 |
| December | March 15 | February 15 | April 15 | March 15 |
Notice column applies to subcontractors and suppliers only (not original contractors).
Retainage lien deadlines follow a separate calculation. See the Retainage page.
Source: Texas Property Code Chapter 53 (HB 2237, eff. January 1, 2022).
Deadline 3: The Foreclosure Lawsuit
Filing the lien affidavit does not get you paid. It creates the legal claim. To actually collect through the lien, you must file a lawsuit in court to foreclose it.
That lawsuit must be filed no later than one year from the date the lien was filed. But once that date passes, the lien cannot be foreclosed and becomes unenforceable.
Our advice on this deadline is always the same: do not wait. The contractors who owed you money are not going to pay voluntarily just because you filed a lien. The lien creates pressure, and a foreclosure lawsuit creates more. File the lawsuit promptly.
A Few Things That Trip People Up
The clock starts on the last date you were actually on the project furnishing labor or materials, not the date the overall project was completed by others. When in doubt, use the earliest reasonable date to be safe.
The deadlines are calculated differently for retainage. If your contract includes a retainage provision, a separate retainage claim notice must be sent to the owner and original contractor by the earlier of: the 30th day after your contract was completed, terminated, or abandoned; or the 30th day after the original contract was terminated or abandoned. See our Retainage page for the full explanation.
Filing in the wrong county voids the lien. The affidavit must be filed with the county clerk in the county where the property is located, not where you or the owner are based.
If you are not certain what your deadlines are, or if you are worried that a deadline may have already passed, call us. We will work through the dates with you and tell you exactly where you stand.
Frequently Asked Questions
How long do I have to file a mechanic's lien in Texas?
For most commercial subcontractors and suppliers, the lien affidavit must be filed with the county clerk by the 15th day of the fourth month after the last month in which you furnished labor or materials on the project. Example: your last day of work was in August; your lien deadline is December 15th. For original contractors (those with a direct contract with the owner), the deadline is the 15th day of the fourth month after the earlier of your last day of work or the date the project was completed, terminated, or abandoned. Residential projects have shorter, different deadlines. If you are not sure of your deadline, call us. We will calculate it for you.
Are residential lien deadlines different from commercial?
Yes. Both the notice deadline and the lien filing deadline are one month shorter on residential projects. The pre-lien notice for commercial work is due by the 15th of the third month after unpaid work; for residential work it is the 15th of the second month. The lien affidavit deadline is the 15th of the fourth month (commercial) or the 15th of the third month (residential). Both are shown in the calculator and reference table on this page.
When does the lien filing clock start running?
From the last date you actually furnished labor or materials on the project, not from the date the overall project was completed by others. Keep detailed records of your last day on the job.
What happens if the debtor files bankruptcy after I file my lien?
Bankruptcy triggers an automatic stay that temporarily halts collection efforts, but your lien itself is not automatically voided. A secured creditor with a valid perfected lien retains secured status in the bankruptcy. Contact us immediately if a bankruptcy is filed.
After I record my lien, how long do I have to sue to foreclose it?
You must file the foreclosure lawsuit no later than one year from the date the lien affidavit was filed with the county clerk. Recording the lien does not get you paid; it creates the legal claim. Once the one-year deadline passes, the lien cannot be foreclosed and becomes unenforceable. Our advice is always the same: do not wait. The lien creates pressure, and a foreclosure lawsuit creates more, so file the lawsuit promptly.
Do retainage claims follow these same deadlines?
No. Retainage deadlines are calculated differently. If your contract includes a retainage provision, a separate retainage claim notice must be sent to the owner and original contractor by the earlier of the 30th day after your contract was completed, terminated, or abandoned, or the 30th day after the original contract was terminated or abandoned. See our Retainage page for the full explanation, and call us if you are unsure which deadline controls your claim.
Does it matter which county I file my lien affidavit in?
Yes. The affidavit must be filed with the county clerk in the county where the property is physically located, not where you or the owner are based. Filing in the wrong county voids the lien. For Dallas-Fort Worth projects this typically means Dallas, Tarrant, Collin, or Denton County, but always confirm the county of the property before you file.