Tex. Prop. Code §53.056 · §53.003 — Texas monthly notice service
Your Texas monthly notice.
$39 flat, owner and contractor included.
A Texas subcontractor or supplier with unpaid labor or materials must send the Notice of Claim for Unpaid Labor or Materials to the owner and the original contractor by the 15th day of the third month after the month of the work — the second month on residential projects (§53.056(a-1)). A 3-minute wizard becomes the statutory form, submitted for certified mailing in minutes — deposit in the mail is compliance (§53.003(c)) — with the proof archived permanently.
Statutory text pinned from statutes.capitol.texas.gov — cited on every document.
WARNING: This notice is provided to preserve lien rights. Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
The deadline, exactly
"Not later than the 15th day of the third month after the month during which the labor or materials were provided" — or the undelivered specially fabricated materials would normally have been delivered (§53.056(a-1)(1)). Residential construction projects: the second month (§53.056(a-1)(2)).
Certified mail is an enumerated method, and "deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement" (§53.003(b)(2), (c)). The mailing evidence is exactly what your archive holds.
Each month of unpaid labor or materials has its own deadline. A missed month is not cured by a later notice — the notice is required "for the lien to be valid" (§53.056(a)) — but later months keep their own deadlines, so send those now.
Not sure where you stand? Run the free deadline calculator — pick commercial or residential, enter any day in the unpaid month, and it cites each rule.
Who must be served
"The claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor" (§53.056(a-1)). The wizard asks the two gating questions first, plans both recipients, and you verify every name and address before paying.
The property owner — the party the WARNING is addressed to, who may withhold funds from the original contractor to cover the debt.
"A person contracting with an owner either directly or through the owner's agent" (§53.001(7)) — named on the notice and served with it.
Printed on the notice when it is not the original contractor (§53.056(a-2)); the statute does not require serving it, so it is not a mailing.
Not required: an original contractor (§53.056(a)). Not covered here: the separate Notice of Claim for Unpaid Retainage (§53.057).
How it works
Answer a short wizard
The two gating questions, the parties, the project, the type of labor or materials, the claim amount, and the earliest unpaid month — about 3 minutes. The document carries the statutory form and both WARNING sentences verbatim.
We certified-mail both recipients
Owner or reputed owner and the original contractor — submitted for certified mailing in minutes of payment. You verify every name and address before paying.
Your evidence archive
The PDF, the certified tracking number for each recipient, and a timestamped record of the deposit date — the fact §53.003(c) turns on — kept on a permanent page.
Questions, answered straight
Who has to send the Texas Notice of Claim for Unpaid Labor or Materials?
Under Tex. Prop. Code §53.056(a), a claimant other than an original contractor must give the notice for the lien to be valid — subcontractors and suppliers with unpaid labor or materials. An original contractor (a person contracting with the owner, §53.001(7)) does not send it. Whether that describes your job is a legal question we cannot answer.
When is it due?
Not later than the 15th day of the third month after the month during which the labor or materials were provided (or undelivered specially fabricated materials would normally have been delivered); for residential construction projects, the 15th day of the second month (§53.056(a-1)). Every month of unpaid work has its own deadline; a deadline on a Saturday, Sunday, or legal holiday extends to the next day that is none of those (§53.003(e)).
Does certified mail count when it is deposited?
Yes. Certified mail is an enumerated method, and "deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement" (§53.003(b)(2), (c)). Your archive keeps the mailing date and the tracking number for each recipient.
What about retainage?
A separate Notice of Claim for Unpaid Retainage (§53.057) has its own form and its own deadline. This page covers the §53.056 notice for unpaid labor or materials only.
Is this legal advice?
No. NoticeSent is a document preparation and mailing service, not a law firm. We prepare and mail documents from the information you provide and give no advice or guarantees about outcomes.
What exactly do I get?
The notice in the statutory form with both WARNING sentences, USPS certified mailing with tracking to the owner and the original contractor, and a permanent archive page with a timestamped record of every step — for one flat $39.
A Notice of Intent to Lien, generated and certified-mailed to the owner — and the contractor, if you choose — for $49 flat, any state.
Send a Notice of Intent to Lien — $49Run the calculator for each unpaid month and we'll email you 10, 5, and 2 days before that month's deadline. No account; stop anytime.
Track a deadline freeThe clock is statutory. The proof should be too.
The 15th of the third month. One flat $39.
Start your noticeMore for Texas
- Texas lien notices: the monthly notice, the retainage notice, and the copy of a filed affidavit
Guide · quoted from the statute
- Notice of claim for unpaid retainage
$39 flat, certified-mailed · Tex. Prop. Code §53.057
- Notice of filed affidavit (copy)
$39 flat, certified-mailed · Tex. Prop. Code §53.055