Texas Lien Notice

Also known as:

  • Notice of Intent to Lien
  • Pre Lien Notice
  • Preliminary Lien Notice
  • Notice of Non-Payment
  • Monthly Notice

The Texas lien notice protects mechanics lien rights for people and businesses who provide services or materials toward construction projects. In order to keep the right to file a mechanics lien, contractors and suppliers must send a lien notice for each month of work they perform that goes unpaid.

Texas is unlike any other state when it comes to calculating its lien notice deadlines. Instead of notices being due after a certain number of days or months, Texas uses somewhat cryptic language to define the period:

“…on the 15th day of the month two/three months after the month the unpaid work was performed.”

Plus, the deadlines are on-going or recurring, which means that you may be required to send the same notice several months in a row. (We at zlien call them Monthly Notices. Tennessee and Louisiana have similar notice requirements.) The charts and information below will help you figure out exactly what you need to send, and when, to protect your mechanics rights and get paid.

Texas 2 Month Notice

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Texas 3 Month Notice

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Who Must Send Texas Notices?

The graphic below indicates which notices you are required to send based on your “tier” in a construction project (your tier is determined by who hired you/how far removed from the property owner you are). Note that the 2nd Month Notice and 3rd Month Notice are recurring — you must send a 2nd- or 3rd month notice for each month in which you performed work, so long as that work is unpaid at the time the notice is due. Unlike these two notices, all of the other notices must only be sent once.

Texas-Lien-Law-Chart

Table of Texas Monthly Notice Due Dates

The graphic above explains who is required to send which notice. The table below indicated the deadlines to send 2nd month and 3rd month notices, as these deadlines are particularly complicated. (For more information about other Texas notices, see our  Texas Preliminary Notice Resources.) Remember, these are monthly recurring notices. If you’re required to send a 2nd or 3rd month notice, according to the graphic above, you must send each notice for every month in which you performed work, so long as that work has not been paid.

Unpaid Work Performed In: 2 Month Notice Due: 3 Month Notice  Due:
January March 15th April 15th
February April 15th May 15th
March May 15th June 15th
April June 15th July 15th
May July 15th August 15th
June August 15th September 15th
July September 15th October 15th
August October 15th November 15th
September November 15th December 15th
October December 15th January 15th
November January 15th February 15th
December February 15th March 15th

Short Guide to Texas Monthly Notices

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