San Antonio Apartment Complex Bills Deceased Woman for Lease Breach

In a shocking incident, a residential complex in San Antonio has allegedly issued a bill of $15,676 to the family of a deceased elderly woman, claiming that her death resulted in a breach of lease agreement. The woman’s family is flabbergasted as they have been threatened with debt collection, despite Texas law stating that the lease can be cancelled if the tenant passes away.

A Sad Demise and an Unexpected Bill

When the 91-year-old, Sandra Bonilla, passed away in late June, her mourning family was met with an unexpected and unwelcome surprise. Not only were they left to deal with the grief of their loss, but they also found themselves faced with a hefty bill from the very apartment complex where she had lived for over a decade, the Lodge at Shavano Park Apartments.

The bill cites “accelerated rent” amounting to $14,368 and a lease-break fee of $1,117, summarily listing the reason for her move-out as “deceased”.

A Combat Against Insensitive Practices

Upset and taken aback by the insensitive and arguably illegal demand, the deceased’s son, David Naterman remarked, “It’s quite shocking and stress-inducing. They seem to be more concerned about the money rather than the somber reality of the situation.”

On the day of his mother’s death, Naterman communicated the sad news to the apartment’s leasing manager, who, assured him that the lease would be terminated and the security deposit would be used towards apartment cleaning.

A few weeks later, however, Naterman and his family were surprised to receive this exorbitant and unexpected bill.

Legal Implications of the Misconduct

According to attorney Bill Clanton, who specializes in consumer and debt collection law, this incident is quite unusual and likely illegal. Section 92.0162 of the Texas Property Code stipulates that a representative of a tenant’s estate can “avoid liability for future rent” through two steps: clearing the tenant’s property from the apartment and providing a written termination notice. Thereafter, the landlord has the right to charge only up to 30 days rent.

“In my professional experience, this conduct is extraordinary. You certainly can’t extract rent from a deceased person. Trying to charge an estate or a deceased person for rent is unheard of,” quoted Clanton.

Family’s Response to the Ordeal

Despite promptly serving a termination notice and clearing their mother’s property from the apartment, Ms. Bonilla’s family received a collection notice threatening to ruin their credit score or initiate a lawsuit.

“We have fulfilled our end of the bargain according to the law. It’s stressful enough to grieve for our dear mother in peace. We certainly didn’t expect to wrestle against such an uncompassionate demand,” said a distraught Naterman.

Currently, the family waits to see if the apartment complex will relent in light of the law or carry out their threat.