Texas lien deadlines for material suppliers
Texas counts its lien deadlines in months: most fall on the 15th day of a month that depends on when you delivered. Residential projects run one month shorter than commercial ones.
Texas Property Code, Chapter 53. Last checked November 10, 2026.
The deadlines
- 01Send the notice of claimBy the 15th day of the third month after the month you delivered (commercial), or the second month (residential).Sent to the owner or reputed owner and the original contractor, in substantially the form the statute sets out. Required for suppliers and subcontractors who are not the original contractor.Prop. Code § 53.056
- 02Send the retainage notice, if retainage is heldBy the earlier of 30 days after your contract is completed, terminated or abandoned, or 30 days after the original contract is terminated or abandoned.Only for retainage not already covered by a notice under § 53.056.Prop. Code § 53.057
- 03File the lien affidavitBy the 15th day of the fourth month after the month you last furnished (commercial), or the third month (residential).Prop. Code § 53.052
- 04Send a copy of the filed affidavitNot later than the fifth day after you file it with the county clerk.To the owner or reputed owner, and to the original contractor, at their last known business or residence address.Prop. Code § 53.055
- 05Sue to foreclose the lienBy the first anniversary of the last day you could have filed the lien affidavit.Can be extended to the second anniversary of the filing by a written agreement with the record owner, signed and recorded before the first period runs out.Prop. Code § 53.158
Example. Material delivered in March on a commercial job: the notice of claim is due by June 15. On a residential job, by May 15.
Worth knowing
- A supplier has lien rights when it furnishes materials under a contract with the owner, a contractor or a subcontractor (§ 53.021).
- The notice is due for each month you deliver, so a long job means a notice for every month with an unpaid delivery.
- If a deadline falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not (§ 53.003).
- Notices must be delivered in person, by certified mail, or by another traceable service that confirms receipt (§ 53.003).
- The current version of Chapter 53 took effect January 1, 2022. Projects that started before then may follow the older rules.
General information, not legal advice. Lien law is strict, it changes, and the details depend on your contract and project. Check the statute linked on each step, and talk to a construction attorney before you rely on a deadline. Last checked November 10, 2026. Source: Texas Property Code Chapter 53, read from the Texas Legislature's official statutes site, including the 2021 rewrite (H.B. 2237, effective January 1, 2022) and amendments through 2025.
Before the lien
Most of the risk is decided when the account opens: who signed, whether there is a personal guarantee, and what the trade references said. Valtis Desk collects all of it from a link, emails the references for you, and keeps a signed audit file for every account.
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