I used to pay my rent in cash, now my landlord wants the rent via check.

Full question:

I live in a rented house in Texas. Until now, I used to pay my rent in cash, now all of a sudden my landlord has asked me to pay him the rent via check. I find it inconvenient and prefer cash payment. What does the law say in this regard?

  • Category: Landlord Tenant
  • Subcategory: Lease Payments
  • Date:
  • State: Texas

Answer:

In Texas, a landlord is required to accept tenant’s timely rental payment in cash unless there is  a written lease between the landlord and the tenant that requires the tenant to make the rental payments by check or other traceable or negotiable instrument. The relevant statutory provision in this regard is stated below.

Tex. Prop. Code § 92.011 reads:
 
“(a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument.
(b) A landlord who receives a cash rental payment shall:
     (1) provide the tenant with a written receipt; and
     (2) enter the payment date and amount in a record book maintained by the landlord.
(c) A tenant or a governmental entity or civic association acting on the tenant's behalf may file suit against a landlord to enjoin a violation of this section. A party who prevails in a suit brought under this subsection may recover court costs and reasonable attorney's fees from the other party. In addition to court costs and reasonable attorney's fees, a tenant who prevails under this subsection may recover from the landlord the greater of one month's rent or $ 500 for each violation of this section.”
 
In the given instance, the landlord may require you to pay the rental payments via check if there is any written agreement in the lease in this regard.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, landlords cannot retaliate against tenants for exercising their legal rights, such as reporting health or safety violations. They also cannot lock tenants out, shut off utilities, or refuse to make necessary repairs. Additionally, landlords must follow proper legal procedures for eviction and cannot discriminate against tenants based on race, color, religion, sex, national origin, or disability. Violating these laws can lead to legal consequences for the landlord.