Can an apartment complex require you to sign up for auto draft when renewing the lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an apartment complex require you to sign up for auto draft when renewing the lease?

When signing my lease for renewal, I was told I had to sign up for autodraft to pay rent, that it was their new corporate policy. I was told nothing about it prior to coming in to sign the lease. I was told it took effect a couple weeks ago, so basically if I was to sign it a few weeks ago, I would not have to comply with this new policy. Is this legal? Are they able to require you to sign up for auto draft?

Asked on February 9, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, yes, a landlord or its managing agent may require this. A landlord is allowed to require payment in any legal fashion--i.e. it could require autodraft, or only money orders, or only cash, etc. If this is public or publically-subsidized housing (e.g. Section 8 or HUD housing), then they probably couldn't do this; the laws and regulations governing those types of housing would restrict a landlord's ability to require only certain forms of payment. But if this is purely private housing, they may require it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption