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Home>Levelset Community>Legal Help>In Texas - on residential jobs - can you lien the owner or are there are things that the owner and gc need to do, like file the contract, so we can file a lien

In Texas - on residential jobs - can you lien the owner or are there are things that the owner and gc need to do, like file the contract, so we can file a lien

TexasMechanics LienPreliminary Notice

We need to know if there is avenue to file a lien on a residential job in Texas. We have been told that certain things (like a contract filed with the county) have to be in place before a lien is filed on a residence.

1 reply

Oct 27, 2017
This depends on whether or not the residential property is a homestead. Most owner-occupied residential projects are subject to the much more stringent requirements related to a Texas Homestead lien. However, a second / vacation home, or a rental property, likely do not trigger the extra requirements.

If the property is a homestead, extra requirements apply - including:

A written contract must be executed, and
1) The contract must be executed before any labor or material is furnished
2) If the owner is married, the contract must be signed by both spouses
3) The contract must be filed with the county clerk of the county in which the homestead is located

Note, the requirement that the contract be signed by both spouses (if the owner is married) holds even if the property is in the name of only one spouse.

Additionally, special wording must be included on the affidavit of lien itself.

If the residential property is not a homestead, a party can proceed with providing the specific notices and mechanics lien as s/he would on a commercial project.
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