Houston, TX asked in Landlord - Tenant for Texas

Q: If I have not pay my rent over 7 months at the apartment is that my fault or is it apartments Fault?

I had automatic pay to pay my rent they told me to use that because they never in the office sometime but my account closed but they still trying to take it out my account and

my bank wouldn't let them take it and said it was fraud what I did and blame it on me. Because they did not give me a notice when the first day it happened. But I've been seeing them but they never said anything to me until now. So is that my fault?

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1 Lawyer Answer
Matthew Valley
Matthew Valley
  • Austin, TX
  • Licensed in Texas

A: I personally think it would be hard to find a judge or jury that would believe someone didn’t know they weren’t paying rent for 7 months. That being said, there might have been other things the landlord could have done instead of keeping a tenant in default for over half a year. I would talk with a local landlord-tenant attorney about the matter to explore your options. If the landlord is potentially pursuing criminal charges then I would also consult a local criminal defense attorney as well.

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