Apartment complex demands nearly $15,000 in rent from deceased tenant's family

A grieving family in San Antonio is facing an unexpected challenge after their late mother, 91-year-old Sandra Bonilla, passed away in June. Instead of sympathy, the apartment complex where she lived for over a decade demanded that her family pay $15,676 for breaking her lease, even though Texas law allows for the cancellation of leases when a tenant dies.

Bonilla’s son, David Naterman, expressed disbelief at the complex’s insensitivity, saying, “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.”

Bonilla, who passed away in late June, had nearly a year left on her two-year lease at the Lodge at Shavano Park Apartments. After her passing, Naterman visited the leasing office, where the manager assured him that the security deposit would cover the costs of cleaning and preparing the apartment for a new tenant. The manager also agreed to terminate the lease. However, the family later received a bill for $14,368 in "accelerated rent" and an additional $1,117 lease break fee. Shockingly, the reason for Bonilla’s move-out was listed as "deceased."

“They want the rest of the, about a year’s long worth of rent, from a dead person,” Naterman said, still grappling with the bizarre demand.

News4SA reached out to the apartment complex for comment, but their calls and emails went unanswered. When approached in person, the leasing manager cited tenant confidentiality and declined to comment.

Attorney Bill Clanton, who specializes in consumer and debt collection law, was baffled by the complex’s actions. He pointed out that under Texas Property Code (sec. 92.0162), a tenant’s estate can avoid liability for future rent by simply removing all belongings from the apartment and providing a written notice of termination. The law only allows landlords to charge up to 30 days’ rent after the notice is received.

“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,” Clanton explained.

Bonilla’s son confirmed that the family had sent the required termination notice but still received a collection letter threatening to report the debt to a credit bureau or pursue legal action. The family now waits to see if the apartment complex will follow through on its threats.

The situation has sparked outrage online, with Reddit users rallying behind the family. “The family needs to tell the complex to go fuck themselves in no uncertain terms,” wrote one commenter. “Debt dies with the debtor,” another emphasized. “Sounds like they were hoping it would just auto-withdraw from her account, and the family wouldn’t be able to do anything about it,” speculated another user.

The situation highlights the predatory practices some landlords employ, hoping to take advantage of grieving families. “I caught that as well in the article. Sounds like this apartment is rolling the dice with this predatory practice to see if the family is too grief-stricken and uninformed to deal with that b*********y in the manner it warrants; a big middle finger,” noted u/ForTheHordeKT.

As the family waits for the next steps, u/bridge1999 had a creative suggestion for the apartment complex: “Just give the apartment her forwarding address of the cemetery and plot number.”

The ordeal serves as a stark reminder for families to know their rights, especially during vulnerable times like the loss of a loved one. Texas law is clear on this issue, and no grieving family should be burdened with such egregious demands.