Notice to Owner: What It Is, Deadlines & State Forms

A notice to owner preserves your lien rights. Florida: 45 days from first work, no late cure. California: 20 days. Texas: a notice for every unpaid month.

Statute references verified 10/09/2026. Rules change — confirm the current text with the official state source before relying on a date.

What is a notice to owner?

A notice to owner is the document a contractor, subcontractor, or supplier serves on a property owner early in a construction job to preserve the right to file a mechanics lien later. Florida uses the name literally: anyone without a direct contract with the owner must serve a Notice to Owner before starting work or within 45 days after first furnishing labor, services, or materials (Fla. Stat. §713.06(2)(a)). California calls the same document a preliminary notice and allows 20 days after first furnishing, with a partial late-service remedy (Cal. Civ. Code §8204(a)). Texas runs a monthly cycle instead: on commercial jobs a notice is due by the 15th of the 3rd month after each unpaid month, and by the 15th of the 2nd month on residential jobs, served on both the owner and the original contractor (Tex. Prop. Code §53.056(a-1)(1)-(2)). In all three states the notice is a condition of the lien — the window matters more than the wording.

State by state

The three versions, state by state

The same job can require three different notices depending on where the property sits. The deadlines, the people who must send them, and the people who must receive them all change.

45 days

Florida: 45 days from first work, with no late cure

Anyone without a direct contract with the owner — subcontractors, materialmen, suppliers — must serve the notice before work starts or within 45 days after first furnishing labor, services, or materials, and in any event before the owner disburses the final payment (§713.06(2)(a)). The statute contains no late-service cure: a notice served on day 46 does not revive the right. Direct contractors (§713.05), laborers (§713.06(2)(a)), and design professionals (§713.03(3)) are exempt. Sub-subs and materialmen furnishing to sub-subs must also serve the contractor and the subcontractor (§713.06(2)(b)-(c)).

Fla. Stat. §713.06(2)(a)

20 days

California: a 20-day preliminary notice

Subs, suppliers, and equipment lessors must serve the preliminary notice within 20 days after first furnishing work (§8204(a)), on the owner, the direct contractor, and any construction lender (§8200(a)). A late notice is not a total loss, but it protects only the work furnished in the 20 days before service plus everything after (§8204(a)). Laborers are exempt (§8200(e)(1)); a direct contractor serves only the construction lender, if there is one (§8200(e)(2)).

Cal. Civ. Code §8204(a)

Monthly

Texas: one notice per unpaid month

Texas runs a monthly cycle for derivative claimants — subcontractors and suppliers below the original contractor. On commercial jobs, a notice is due by the 15th day of the 3rd month after each unpaid month; on residential jobs, by the 15th of the 2nd month (§53.056(a-1)(1)-(2)). Each notice must be served on both the owner and the original contractor. The original contractor is exempt from the monthly notice. Each month stands alone: miss one month’s notice and that month’s lien rights are gone, with no catch-up filing.

Tex. Prop. Code §53.056(a-1)(1)

Before you send it

Common mistakes

Assuming a late notice always works.

California allows late service but protects only the 20 days before service and everything after (§8204(a)). Florida has no late-service cure at all — once the 45-day window closes, the lien right for that work is gone (§713.06(2)(a)).

Treating Texas like a one-notice state.

Texas requires a separate notice for each unpaid month, each with its own 15th-day deadline, served on both the owner and the original contractor (§53.056(a-1)(1)-(2)). One notice at the end of the job does not cover the months that came before it.

Sending the Florida notice without checking the Notice of Commencement.

Florida owners must record a Notice of Commencement before work starts (§713.13), and it lapses if work does not begin within 90 days of recording (§713.13(2)). The notice carries the information from that document, so serving off stale details risks missing the owner entirely.

FAQ

Questions about the notice deadlines, answered straight.

Is a notice to owner required before filing a mechanics lien?

In Florida, California, and Texas, yes — for the roles that carry the duty, which in all three states means subcontractors and suppliers. Missing the notice window means losing the lien right for that work: no late cure in Florida, only partial protection in California, and month-by-month forfeiture in Texas.

Is a notice to owner the same as a preliminary notice?

Same family, different names. Florida’s statute calls the document a Notice to Owner (§713.06(2)(a)); California calls it a preliminary notice (§8204(a)); Texas runs a monthly notice keyed to unpaid months (§53.056(a-1)(1)). The function is the same in each: put the owner on notice before the lien exists.

Who has to send a preliminary notice?

It depends on the state and the role. Subcontractors and suppliers carry the duty in all three states we cover. Direct contractors are exempt in Texas and Florida and serve only a construction lender in California; laborers are exempt in California and Florida.

What happens if I miss the deadline?

Florida: the statute has no cure, and the lien right is lost (§713.06(2)(a)). California: a late notice protects work from 20 days before service onward (§8204(a)). Texas: each unpaid month is independent, so a missed notice forfeits that month’s rights (§53.056(a-1)(1)-(2)).

Can a contract require me to give up lien rights in advance?

In Florida and California, no. A contract term that purports to waive the right to claim a lien in advance is void and unenforceable (Fla. Stat. §713.20(2); Cal. Civ. Code §8122).