If the Owner of a House Doesn’t Live There, Is It Considered a Commercial Property?

Yes — in Texas, a residential property where the owner does not live is generally treated as a commercial property for the purposes of mechanic’s lien laws.

This distinction is important because lien filing deadlines differ between residential and commercial projects. For example:

• Residential projects (where the owner resides in the home) typically have shorter deadlines and additional notice requirements to protect homeowners.

• Commercial projects, including rental or investment properties, follow a slightly more extended timeline and different notice rules.

So, if you’re doing work on a house where the owner doesn’t live—such as a rental property, vacation home, or property being flipped—it’s considered a commercial project, and you’ll need to follow the commercial lien deadlines accordingly.