TEXAS MONTHLY NOTICE

(Notice Required Under Texas Property Code Chapter 53)

Pursuant to Texas Property Code §§ 53.056-53.057

IMPORTANT NOTICE

THIS IS NOT A LIEN. This notice is required by Texas law to preserve lien rights for subcontractors and suppliers who do not have a direct contract with the property owner. Under the Texas Property Code, claimants must provide monthly notices for each month in which they furnish labor or materials that remain unpaid.

NOTICE DATE AND PERIOD

Date of This Notice: _________________________________

Notice Period: Labor/materials furnished during the month of: ___________________, 20____

Date Deadline for This Notice:
☐ Residential Project: 15th day of the second month after the month of furnishing
☐ Commercial Project: 15th day of the third month after the month of furnishing

Calculated Deadline Date: _________________________________

SECTION 1: NOTICE RECIPIENTS

To Property Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: TX ZIP: _________

To Original Contractor (General Contractor):

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: TX ZIP: _________

SECTION 2: PROPERTY INFORMATION

Project Name (if any): _________________________________

Property Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description of Property:
_________________________________
_________________________________
_________________________________

SECTION 3: CLAIMANT INFORMATION

Claimant Name: _________________________________

Claimant Business Name (if different): _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Claimant Classification:
☐ First-tier Subcontractor (contracted with Original Contractor)
☐ Second-tier Subcontractor (contracted with First-tier Subcontractor)
☐ Material Supplier to Original Contractor
☐ Material Supplier to Subcontractor
☐ Laborer
☐ Other: _________________________________

SECTION 4: CONTRACTING PARTY INFORMATION

Name of Person or Entity with Whom Claimant Contracted:
_________________________________

Relationship to Project:
☐ Original Contractor
☐ First-tier Subcontractor
☐ Second-tier Subcontractor
☐ Other: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

SECTION 5: PROJECT CLASSIFICATION

Type of Project (select one):

☐ RESIDENTIAL CONSTRUCTION PROJECT
(Dwelling designed principally for residential use and containing not more than four dwelling units)
- Notice Deadline: 15th day of the 2nd month after the month work was performed

☐ NON-RESIDENTIAL (COMMERCIAL) CONSTRUCTION PROJECT
(All projects other than residential as defined above)
- Notice Deadline: 15th day of the 3rd month after the month work was performed

SECTION 6: CLAIM INFORMATION

Month(s) for Which This Notice is Given:

Description of Labor, Materials, or Services Furnished:
_________________________________
_________________________________
_________________________________
_________________________________

Total Amount Claimed in This Notice: $__________________

SECTION 7: REQUIRED STATUTORY NOTICE LANGUAGE

NOTICE PURSUANT TO TEXAS PROPERTY CODE § 53.056

NOTICE: Pursuant to Section 53.056, Texas Property Code, the undersigned hereby gives notice that labor and/or materials have been furnished for the improvement of the property described herein, for which payment has not been received.

The claimant is providing this notice to preserve any rights to a lien on the property in accordance with Chapter 53 of the Texas Property Code.

ATTENTION OWNER: Under Section 53.057 of the Texas Property Code, the owner may withhold from payments to the original contractor sufficient funds to pay the claims of lien claimants who have given the owner the notice required by Section 53.056.

SECTION 8: WHO MUST SEND THIS NOTICE

Under Texas Property Code § 53.056:

☐ Subcontractors - Any tier (first, second, third, etc.)
☐ Material Suppliers - To original contractor or any subcontractor
☐ Laborers - Unless employed directly by owner
☐ Equipment Rental Companies

Persons EXEMPT from sending notice:
☐ Original Contractors (parties with direct contract with owner)
☐ Laborers employed directly by the owner

SECTION 9: SIGNATURE AND VERIFICATION

I, the undersigned, declare under penalty of perjury under the laws of the State of Texas that the foregoing information is true and correct to the best of my knowledge.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________

SECTION 10: PROOF OF SERVICE

Service Requirements

Under Texas Property Code § 53.056, notice must be sent by certified mail or delivered in person to:
1. The owner or reputed owner
2. The original contractor

Service Documentation

To Owner:

Method of Service:
☐ Certified mail, return receipt requested
☐ Personal delivery with acknowledgment

Date Sent/Delivered: _________________________________
Certified Mail No.: _________________________________
Return Receipt Received: ☐ Yes ☐ No ☐ Pending

To Original Contractor:

Method of Service:
☐ Certified mail, return receipt requested
☐ Personal delivery with acknowledgment

Date Sent/Delivered: _________________________________
Certified Mail No.: _________________________________
Return Receipt Received: ☐ Yes ☐ No ☐ Pending

Certificate of Service

I certify that on _________________, I served this Notice on the Owner and Original Contractor by the methods indicated above.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

TEXAS MONTHLY NOTICE - LEGAL REQUIREMENTS SUMMARY

DEADLINE TO SEND NOTICE

Residential Projects (1-4 family dwellings):
- Notice must be sent no later than the 15th day of the second month after the month in which labor or materials were provided

Commercial/Non-Residential Projects:
- Notice must be sent no later than the 15th day of the third month after the month in which labor or materials were provided

EXAMPLE DEADLINE CALCULATIONS

CONSEQUENCES OF LATE OR NO NOTICE

• Loss of lien rights for amounts covered by the late/missed notice
• Claimant may not perfect a lien for labor/materials provided in months not covered by timely notice
• Owner and original contractor are protected from liability for those amounts

DEADLINE EXTENSIONS (Tex. Prop. Code § 53.003(e))

If the deadline falls on a Saturday, Sunday, or legal holiday, the deadline is extended to the next day that is NOT a Saturday, Sunday, or legal holiday.

SERVICE REQUIREMENTS

• Certified mail to owner and original contractor
• Personal delivery with acknowledgment is also acceptable
• Notice is considered received when deposited in mail if properly addressed

ADDITIONAL IMPORTANT DEADLINES

RESIDENTIAL PROJECT OWNER'S DISCLOSURE (§ 53.255)

On residential projects, the original contractor must provide the owner with a disclosure statement and list of subcontractors. Failure to do so may affect lien priority.

IMPORTANT NOTICES

SEPARATE NOTICES REQUIRED: You must send a separate notice for each month in which you provide unpaid labor or materials. A single notice does not cover multiple months unless all work was performed in the same month.

RECORD KEEPING: Maintain copies of all notices, certified mail receipts, and return receipts. These documents are essential for perfecting and enforcing lien rights.

IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Texas mechanics lien law has been significantly amended and is strictly enforced. Consult with a Texas-licensed attorney to ensure compliance with all statutory requirements, especially regarding the 2021 amendments (HB 2237) that affect projects with original contracts entered into on or after January 1, 2022.

Texas Monthly Notice Template - Version 2026.01
Based on Texas Property Code Chapter 53