Tex. Prop. Code § 53.056

Notice to Owner (Monthly Notice) — Texas

Texas requires subcontractors and suppliers to send a Notice to Owner each month they have unpaid work — not just once at the start of the project. Miss the 15th-of-the-third-month deadline and that month's work is unsecured. Texas notice rules were modernized in 2022 (HB 2237).

Who serves it in Texas?

Subcontractors and suppliers — anyone not in direct contract with the property owner — must send Notice to Owner (and to the original contractor) for each month of unpaid work or materials.

When it must be served

By the 15th day of the third month following the month the labor or materials were furnished, for second-tier and lower claimants. First-tier claimants on residential projects have shorter windows. Texas reformed its notice timelines effective January 2022 — the modern rule is the 15th-of-third-month deadline for most non-residential work.

Who gets served

Service method

Certified or registered mail, return receipt requested, addressed to the owner's last known business or residence address.

Threshold & lien-rights effect

Required for any subcontractor or supplier (any tier below the original contractor) who wants to preserve lien rights on a private Texas project.

Read § 53.056 on the official statute site

Texas Preliminary Notice FAQ

When is the Texas monthly Notice to Owner deadline?

By the 15th day of the third month after the month the work was performed or materials were delivered. So work in January 2026 requires notice by April 15, 2026 for most non-residential claims.

Do I have to send a Notice to Owner every month?

Yes — Texas is a monthly-notice state. Each month you furnish unpaid labor or materials, you owe a separate Notice to Owner for that month's work. Missing one month forfeits lien rights only for that month.

How is a Texas Notice to Owner served?

Certified or registered mail with return receipt requested, sent to the property owner's last known business or residence address and to the original contractor.

Preliminary Notices in other states

This page is general information about Texas's Notice to Owner (Monthly Notice) (Tex. Prop. Code § 53.056) and is not legal advice. Deadlines and service rules change — verify current requirements with a licensed Texas construction attorney before relying on them.