Blog · October 23, 2026

Texas lien deadlines for subcontractors, in plain English

If a Texas drywall sub isn't paid, it must send a notice of claim to the owner and the original contractor by the 15th day of the 2nd month (residential) or the 3rd month (commercial) after the month the unpaid work was done. If the money still doesn't come, the lien affidavit is due by the 15th day of the 3rd month (residential) or 4th month (commercial) after the last month you worked on the job.

Not legal advice. Check with an attorney. This is a general summary of Texas Property Code Chapter 53 for office staff, for original contracts entered on or after January 1, 2022. Lien law is strict and fact-specific. Before you rely on any date, read the statute and check your job with a Texas construction attorney.

Those two dates cover most of what a drywall office needs. The rules come from Texas Property Code Chapter 53, which was rewritten by HB 2237 for original contracts entered on or after January 1, 2022. Below: the deadlines, a calculator, a worked example and an office routine so nothing slips.

Why "15th day of the Nth month" matters

Texas counts most lien deadlines by month, not by invoice date. Work done on June 2 and work done on June 30 share the same deadline. That's good news for the office: you only need to know which month each piece of unpaid work was done. It also means each month of unpaid work has its own notice deadline. If you hung board in March and finished in April and neither has been paid, March's notice comes due a month before April's.

Residential or commercial?

The shorter "residential" deadlines apply to a residential construction project: building or repairing a single-family house, duplex, triplex or fourplex (or a condo/co-op unit) that is owned by a person and used, or meant to be used, as that owner's home (§ 53.001). Spec homes built by a builder for sale and most apartment complexes are generally treated under the other ("commercial") rules. If you aren't sure, use the shorter residential dates. Sending early never hurts.

The deadlines

Step	Residential	Commercial / other	Statute
Notice of claim for unpaid labor or materials (to owner and original contractor)	15th day of the 2nd month after the month the work was done	15th day of the 3rd month after the month the work was done	§ 53.056
File lien affidavit with the county clerk (where the property is)	15th day of the 3rd month after the last month you provided labor or materials	15th day of the 4th month after the last month you provided labor or materials	§ 53.052(b), (c)
Send a copy of the filed affidavit to owner and original contractor	Within 5 days after filing		§ 53.055
Notice of claim for unpaid retainage (if not already covered by a § 53.056 notice)	The earlier of 30 days after your subcontract is completed, terminated or abandoned, or 30 days after the original contract is terminated or abandoned		§ 53.057
Lien affidavit for retainage only	15th day of the 3rd month after the month the original contract was completed, terminated or abandoned		§ 53.052(d)
Lawsuit to foreclose the lien	Generally by the first anniversary of the last day you could file the affidavit (can be extended by a recorded written agreement with the owner)		§ 53.158

If a deadline lands on a Saturday, Sunday or legal holiday, § 53.003(e) moves it to the next business day. Treat that as a safety net, not a plan.

Deadline calculator

Calculator gives estimates from the statute's general rules. It does not know your contract, holidays, bonds, homestead rules or public-works rules.

Worked example (residential)

Your crew hangs a house in March and finishes it in April. The GC hasn't paid either invoice.

Notice for March work: by May 15.
Notice for April work: by June 15.
Lien affidavit (last work in April): by July 15.
Copy of the filed affidavit: within 5 days after you file it.

Same job, commercial: notices by June 15 and July 15, affidavit by August 15.

How to send the notice

The notice must be in "substantially" the form printed in § 53.056(a-2), titled NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS. It goes to the owner (or reputed owner) and the original contractor. You can attach your invoice or statement. Under § 53.003, send it by certified mail, hand delivery, or another traceable delivery service that can prove receipt, and keep the receipt with the job file.

On a residential homestead there are extra rules: the written contract has to be signed (by both spouses if the owner is married) and filed before work starts, and the notice must include specific homestead language from § 53.254. If you work on owner-occupied homes, this is exactly the kind of thing to go over with an attorney once, up front.

You can also send the original contractor a courtesy "past due" note at any time (§ 53.056(a-4)). It isn't required, but it often gets the invoice paid before a formal notice is needed.

Filing the lien affidavit

The affidavit is filed with the county clerk in the county where the job is. § 53.054 lists what it must contain, including the amount, the owner and original contractor, a legal description of the property, the months you did the work, and the dates and method you used to send your notices. Many subs have an attorney or lien service prepare this step because a defective affidavit can be challenged.

What the office needs to track

For every unpaid invoice: the month(s) the work was actually done, not the invoice date.
Project type: residential or commercial, and whether it's a homestead.
Owner name and address and the original contractor's name and address. You can request owner information in writing; § 53.159 gives the owner and original contractor 10 days to respond.
Retainage on its own line, with the date your scope finished.
Every notice sent: date, method, tracking number.
Lien waivers: Texas requires the statutory waiver forms in Subchapter L (§ 53.281 and following). Don't sign an unconditional waiver until the money has actually cleared.

Unpaid change orders count too. That's one more reason to bill extras on the next invoice; see how to write a change order the GC will sign.

Common mistakes

Counting from the invoice date instead of the month the work was done.
Sending the notice only to the GC and forgetting the owner (or the reverse).
Waiting for "one more promise to pay" past the 15th.
Assuming a job is commercial when it's an owner-occupied home with the shorter dates.
Using the old pre-2022 rules from an outdated form or website.

Official sources

Texas Property Code, Chapter 53 (Texas Legislature Online)
HB 2237, 87th Legislature (2021), effective January 1, 2022
Our shorter reference table: Texas lien deadlines guide

TapeAndFloat keeps a notice date and an affidavit date next to every unpaid job and reminds the office well before each one. If that sounds useful, see the free Austin pilot.

Frequently asked questions

What is the notice deadline for a Texas subcontractor on a residential job?

For original contracts entered on or after January 1, 2022, the notice of claim is due by the 15th day of the 2nd month after the month the unpaid work was done (Tex. Prop. Code § 53.056(a-1)(2)). Not legal advice; confirm with a Texas attorney.

What is the notice deadline on a commercial job in Texas?

The 15th day of the 3rd month after the month the unpaid work was done (Tex. Prop. Code § 53.056(a-1)(1)). Not legal advice; confirm with a Texas attorney.

When does a Texas subcontractor have to file the lien affidavit?

By the 15th day of the 3rd month (residential) or 4th month (commercial) after the last month the sub provided labor or materials (Tex. Prop. Code § 53.052). A copy must be sent to the owner and original contractor within 5 days of filing.

Who gets the notice of claim?

Both the owner (or reputed owner) and the original contractor, by certified mail, in person, or another traceable delivery that can prove receipt (Tex. Prop. Code §§ 53.003, 53.056).

Is this legal advice?

No. It is a general summary for office staff. Lien rules depend on the facts of each job. Check with a Texas construction attorney before relying on any date.