How to File a Lien in Texas: A Subcontractor's Guide
Last updated: July 2025
To file a lien in Texas as a subcontractor on a private project, you must first send monthly Notices of Unpaid Balance and Request for Payment (NUB) to the general contractor and the property owner by the 15th of the second month following each month in which you performed unpaid work, under Tex. Prop. Code § 53.056. Then you must file a mechanics lien affidavit with the county clerk in the county where the property is located no later than the 15th day of the fourth month after the last month you furnished labor or materials. Missing either deadline — the monthly notice or the final lien filing — kills your lien rights entirely on that work. There is no grace period and no workaround once the deadline passes.
Who Has to Follow Texas Lien Notice Rules?
Subcontractors, sub-subcontractors, and material suppliers who have no direct contract with the property owner must follow the monthly notice and lien affidavit requirements under Tex. Prop. Code Chapter 53. General contractors who have a direct contract with the owner follow different rules — they file a lien affidavit only, with no monthly notice requirement. This article covers the rules for subcontractors and lower-tier parties: the trades who actually do the work but never signed a contract with the owner.
If you are an electrician, plumber, HVAC tech, roofer, drywall crew, or painter on a commercial or residential project where a GC is between you and the owner, these rules apply to you.
What Is the Monthly Notice Requirement in Texas?
Texas requires subcontractors to send a Notice of Unpaid Balance and Request for Payment — commonly called an NUB — by the 15th of the second month following each month you perform work that goes unpaid. Under Tex. Prop. Code § 53.056, this notice must be sent to both the original contractor (GC) and the owner. Miss a month and you lose lien protection for the work performed in that month.
Here is how that plays out in practice:
- Work performed in January → NUB due by March 15
- Work performed in February → NUB due by April 15
- Work performed in March → NUB due by May 15
The notice must be sent by certified mail and must state the amount owed for that month. Keep your certified mail receipts and tracking confirmations. They are your proof of compliance if anyone challenges your lien later.
One critical nuance: if you are a sub-subcontractor (hired by a subcontractor, not directly by the GC), the deadline is the 15th of the third month following the month work was performed, under Tex. Prop. Code § 53.057. The same certified mail requirement applies.
What Is the Deadline to File the Lien Affidavit?
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, under Tex. Prop. Code § 53.052. For sub-subcontractors, the deadline is the same — 15th of the fourth month after the last month of furnishing.
Example: If your last day of work was August 10, your last month of furnishing is August. Your lien affidavit is due by December 15.
This deadline is an absolute cutoff. Texas courts have consistently held that a lien affidavit filed even one day late is void and unenforceable. Unlike some states where a late filing is curable, Texas does not offer a do-over.
What Goes in the Texas Lien Affidavit?
The lien affidavit must be signed and notarized and must include the following, per Tex. Prop. Code § 53.054:
- A description of the work or materials furnished
- The name and last known address of the party you contracted with (usually the GC)
- The name of the owner of the property
- A legal description of the property sufficient to identify it
- The amount claimed as unpaid
- Your name and address as the claimant
The affidavit must be filed with the county clerk in the county where the property is located. Filing fees vary by county but are typically under $50. After filing, you must send a copy of the filed lien affidavit to the owner and the GC by certified mail within 5 days of filing, under Tex. Prop. Code § 53.055.
That last step — sending a copy after filing — is one contractors frequently forget. Skipping it does not automatically void your lien in Texas, but it creates complications and may affect enforceability depending on the facts.
Does Texas Require a Preliminary Notice Before the Monthly Notices?
Texas does not require a standalone preliminary notice at the start of a project, but the monthly NUB notices function as a rolling preliminary notice system. You cannot wait until the end of the job and send one big notice to cover everything. Each month of unpaid work requires its own timely notice.
According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days, up from 49% just two years earlier. In Texas, that payment delay does not pause your notice deadline — the clock runs on the calendar, not on when your invoice goes unpaid. Send the NUB on time even if you still expect to get paid. You can always withdraw a lien. You cannot file one after the deadline.
How Do You Actually File the Lien Affidavit?
Here is the process step by step:
Prepare the affidavit. Use a state-compliant form that includes every element required by Tex. Prop. Code § 53.054. An attorney-reviewed template eliminates the risk of a defective filing.
Get it notarized. The affidavit requires your notarized signature. Most UPS Stores, banks, and county clerk offices offer notary services.
File with the county clerk. Take or mail the original notarized affidavit to the county clerk's office in the county where the property sits. Some Texas counties accept electronic filings; call ahead to confirm.
Pay the filing fee. Fees vary but are typically $25–$50 for the first page plus a per-page fee for additional pages.
Send copies. Within 5 days of filing, send a copy of the filed (stamped) lien affidavit to the property owner and the GC by certified mail, under Tex. Prop. Code § 53.055.
Retain your records. Keep the certified mail receipts, the tracking confirmation, and a copy of the filed affidavit in your job file. These records are essential if you have to enforce the lien in court.
USPS Certified Mail costs $4.85 as the base service fee in 2026, per USPS Notice 123, plus standard First-Class postage. For the cost of a certified mail stamp, you establish a documented paper trail that holds up in court.
How Long Is a Texas Mechanics Lien Valid?
A filed Texas mechanics lien is valid for 2 years from the date it was filed, or 1 year after completion of the project, whichever is later, under Tex. Prop. Code § 53.158. To enforce the lien — meaning to actually foreclose on the property — you must file suit before that deadline expires. Filing a lien affidavit does not automatically get you paid. It is a security interest. You still have to pursue collection, whether through negotiation or litigation, before the lien expires.
Most payment disputes settle once a lien is properly filed. Owners and GCs do not want a lien clouding title on a property. But if they do not pay, you have to act before the clock runs out.
What Happens if You Skipped the Monthly Notices?
If you missed the monthly NUB deadlines for some months but not others, you still have partial lien rights — but only for the months where you sent timely notices. The work performed in months where no timely notice was sent is not protected by your lien. This is one of the most expensive mistakes subcontractors make in Texas: doing $40,000 worth of work over six months, missing the NUB for three of those months, and ending up with a lien that only covers $20,000 of the balance.
According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024, adding roughly 14% to total construction spending. A large chunk of that number is subcontractors who did not protect themselves with proper notice procedures. The monthly NUB is not paperwork for paperwork's sake — it is the mechanism that preserves your right to get paid.
What About Retainage in Texas?
Texas has a separate process for retainage claims under Tex. Prop. Code § 53.057 and § 53.058. A subcontractor seeking to claim retainage must send a written notice to the owner and GC by the 30th day after the subcontractor's work is complete. If you miss this specific retainage notice, you lose the right to assert a lien on retainage funds held by the owner — even if your regular monthly NUBs were all filed correctly.
Retainage liens in Texas also have a different filing deadline: the 15th day of the third month after the day your subcontract work is completed, under Tex. Prop. Code § 53.057(b).
Track retainage separately. The deadlines and notice rules do not match up with the regular lien process.
Frequently Asked Questions
Does Texas require a preliminary notice at the start of every project?
Texas does not require a single upfront preliminary notice like some states (California's 20-day notice, for example). Instead, Texas uses a monthly notice system. Subcontractors must send a Notice of Unpaid Balance (NUB) by the 15th of the second month after each month in which work goes unpaid, under Tex. Prop. Code § 53.056. There is no single project start notice that preserves all future rights.
What county do I file the lien affidavit in?
File the mechanics lien affidavit with the county clerk in the county where the property is physically located, under Tex. Prop. Code § 53.052. If a project straddles two counties, file in both counties to be safe.
Can I file a lien in Texas if I only supplied materials and did not perform labor?
Yes. Material suppliers who have no direct contract with the property owner are entitled to mechanics lien protection in Texas, subject to the same monthly NUB deadlines and lien affidavit requirements under Tex. Prop. Code Chapter 53. You must track your delivery dates and send timely notices for each month materials were furnished but not paid.
Does filing a lien in Texas affect my ability to get future work with that GC?
That is a business decision, not a legal one. From a legal standpoint, Texas law protects your right to file a lien when you are owed money. Some GCs will dispute a lien as a pressure tactic; others will pay to clear title. Many subcontractors report that consistently filing notices — even before disputes arise — sets a professional tone that actually reduces non-payment problems over time.
What happens if the property owner files for bankruptcy after I file a lien?
A properly filed Texas mechanics lien gives you a secured claim in bankruptcy, which is significantly stronger than being an unsecured creditor. You should consult a construction attorney immediately if an owner files for bankruptcy — there are federal automatic stay rules that affect what you can do next. But a valid lien on the books before the bankruptcy filing is a real asset in that situation.
Can I file a lien on a residential homestead property in Texas?
Yes, but Texas has additional constitutional and statutory protections for homestead properties. Under the Texas Constitution (Art. XVI, § 50), a homestead lien for construction work is valid only if the owner and spouse (if married) signed a written contract for the work before it began, and the contract was filed with the county clerk. Residential homestead liens without a properly executed and recorded contract are not enforceable. This is a specialized area — consult a Texas construction attorney if the property is a primary residence.
How do I enforce a Texas mechanics lien if the owner still does not pay?
To enforce a mechanics lien in Texas, you must file a lawsuit to foreclose the lien in the district court of the county where the property is located. You must file suit within 2 years of the lien filing date, or within 1 year after the project completion date, whichever is later, under Tex. Prop. Code § 53.158. Most payment disputes resolve before foreclosure — the existence of the lien creates real pressure. If you reach the point of litigation, hire a Texas construction attorney.
How much does it cost to file a mechanics lien in Texas?
County clerk filing fees in Texas are typically $25–$50 for a standard lien affidavit, with additional per-page fees for longer documents. You also need to budget for certified mail costs ($4.85 base fee per USPS Notice 123 plus postage) to send required copies to the owner and GC. If you use LienFlash to prepare and send the notice, a single filing costs $24.99 and includes a state-compliant, attorney-reviewed form plus USPS Certified Mail with a Certificate of Mailing PDF — you handle the county clerk filing, and LienFlash handles the notice delivery.
Protect Your Lien Rights Before the Deadline Hits
Texas lien law is not forgiving. The deadlines are hard stops, the monthly notice requirement trips up even experienced contractors, and a defective or late filing means you are an unsecured creditor chasing payment with no leverage. The best time to set up your notice process is the day you mobilize on a job — not the day a check stops coming.
Use LienFlash's free lien deadline calculator to get your exact filing dates based on your first-furnishing date in Texas, then file your notices in under 2 minutes with attorney-reviewed, state-compliant forms sent via USPS Certified Mail. At $24.99 per notice, it costs less than a tank of gas to lock in your right to get paid.