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

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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 12 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.


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