Texas Mechanics Lien Laws

Are There Special Requirements for Filing a Lien Against a Residential Homestead Property?


In order to file a Lien against a residential homestead Property, either you, or the General Contractor must: (1) have a written contract signed by the Property Owner (if they are a married couple, then both must sign the contract); (2) before the work begins; and (3) the contract must be filed with the County Clerk.  See Texas Property Code Section 53.254 for more details.

Practice Pointer

If you are a Subcontractor or a Material Suppler who provided labor/materials to a residential homestead Property by virtue of a verbal contract or a purchase order, you still have a right to file a Lien if you properly/timely serve the Pre-Lien Notice and if the General Contractor has satisfied the above requirements of having a written contract.

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