Mechanic’s Lien Deadlines in Texas

In Texas, contractors must file an Affidavit of Mechanic’s Lien by a certain deadline in order to protect their right to file a lien claim. The deadlines are strictly enforced by the courts, and the failure to comply could result in a waiver of the mechanic’s lien claim.

A residential property lien affidavit must be filed no later than the 15th day of the 3rd month following completion of the contract. For example, if the work was completed on June 1st, the lien must be filed by September 15th. If the work was completed on June 30th, the lien still must be filed by September 15th. Commercial property liens get one extra month.

The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday. For example, if September 15th falls on a Sunday, the lien affidavit must be filed by Friday, September 13th.

In certain cases, there may also be a notice requirement. Such notices will also have deadlines prior to the lien affidavit filing deadline.

What is Quiet Enjoyment?

Every lease (both commercial and residential) contains an implied covenant of quiet enjoyment. It is “implied” because it exists even when it is not specifically mentioned in the lease.

Quiet enjoyment is a right of the tenant to enjoy and use the premises for any lawful purpose without substantial interference by either 1) the landlord, or 2) someone claiming superior title to the property. In spite of its name, excessive noise is not required for there to be a breach of quiet enjoyment. It is much broader than that. Some examples of breaches to a tenant’s right to quiet enjoyment may include: ● Noise ● Second-hand smoke ● Landlord’s refusal to make necessary repairs ● Landlord entering the premises too frequently, without permission, or without proper notice

In the sale of property, a general warranty deed will also have an implied covenant of quiet enjoyment. As with its leasehold counterpart, a deed’s covenant of quiet enjoyment guarantees a buyer’s use and enjoyment of the property will not be interfered with by someone claiming paramount title to the property.

Types of Residential Leases

1) Tenancy for Years A tenancy for years specifies a definite term for the agreement. For example, a five-year lease is a tenancy for years. Note that a tenancy for years does NOT have to be measured in years. All that matters is the length of time is fixed and ascertainable. A one-month lease and even a ten-day lease are tenancies for years. The lease terminates automatically at the specified end date without the need for either the landlord or tenant to give notice to each other.

2) Periodic Tenancy A periodic tenancy specifies a definite initial time, and it renews automatically at the end of each period unless either the landlord or tenant gives notice of termination. A month-to-month lease and a year-to-year lease are examples of periodic tenancies.

3) Tenancy at Will A tenancy at will may be terminated by the landlord or tenant at any time and for any reason. A lease can NOT give the landlord the right to terminate the lease at will unless the same right is also given to the tenant. Although a tenancy at will can technically be terminated instantly, statutes in many jurisdictions require advance written notice.

4) Tenancy at Sufferance A tenancy at sufferance is never intentionally created and exists as the result of a tenant wrongfully remaining on the property after a lease has been terminated or the agreement has expired. The tenancy at sufferance ends either when the landlord evicts the tenant or when the tenant enters into a new lease agreement with the landlord.