Can I File a Mechanics Lien on a Residence?

Have you painted an entire house, put a new sprinkler system in the yard, or installed a new air conditioner and not been paid? Are you wondering if you’re allowed to file a construction lien on a residential building or remodeling project?

Don’t worry—you aren’t the only one wondering about Texas lien laws and personal residences. That is one question contractors frequently ask.

The purpose of a mechanics lien is to help builders, suppliers, and construction professionals collect the money legally owed to them.

Here are the rules to help you decide if filing a construction lien on a residential project is an option for you.

1. What is the legal definition of a Residential Project? 

According to the Texas State statutes, residential construction project is the construction or repair or remodel of a residence that includes an agreement with an owner.

2. Who does the law consider the owner of the residence?

Here, ‘owner’ refers to a person or persons who own and live or will live in the home.

If you are working for the owner of the property who also lives there, you are probably doing work on what the law refers to as a Residential Project.

Texas Easy Lien services don’t currently support Residential Project lien filing.

“But what if the residence is a rental property or a spec house?” 

If the owner does not live in the building, the job is a commercial project. If the project is a:

  • Custom home;
  • Remodel;
  • Additions to an existing house
  • and other living space which is not owned by the person who is going to live in it, then is a commercial project.

Commercial private projects can also include these types of living spaces:

  • An apartment complex;
  • A duplex,
  • Fourplex,
  • Spec Home, or
  • Condos

As long as it is not owned by the person who is going to occupy all or part of the building.

Commercial Project? Texas Easy Lien can help.

Visit our site and answer some basic questions to confirm you are eligible to file a lien. You can complete the lien paperwork, notarize, and file the documents all online.

The online mechanics lien filing process is easier and less expensive than you may think. Texas Easy Lien is ready to help you get paid.

Get your mechanic’s lien documents in just 15 minutes