The Lodge at Shavano Park apartments in San Antonio, Texas, wasn't about to let 91-year-old Sanda Bonilla out of her lease for some lame excuse like dying.
According to the apartment complex, Bonilla still owed them $14,368 in future rent, as well as another $1,117 for a lease break fee, and they sent the bill to the next of kin with a threat to send it to collections if they didn't cover her lease.
The bill even states the reason for breaking the lease as "deceased."
David Naterman, the woman's son, said,
We went to the apartment complex, spoke to the leasing manager and he told us that he would use the security deposit towards the cleaning and turning over the apartment and that they would terminate the lease.
The fact that they're attacking, coming after the next of kin, who, quite honestly, we loved our mom and we're still grieving, and all they care about is the money.
Bill Clanton, an attorney who specializes in consumer and debt collection, doesn't think the apartment complex has much of a case though.
I think it's pretty unusual. I've never heard of anybody trying to charge an estate or somebody who is deceased for rent before.
Texas Property Code (sec. 92.0162) says that a deceased person's estate can "avoid liability for future rent" with two steps: Remove all property from the abode and provide a written notice of termination. After the notice of death is received, the landlord can only charge up to 30 days' rent.
The landlord can charge for about 30 days once the lease is terminated. You can't get blood from a turnip, and you certainly can't get rent from a dead person.
The family is waiting to see if the apartment complex will follow through with its threats to send them to collections or file legal actions.
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