For the past decade, 91-year-old Sandra Bonilla lived at the Lodge at Shavano Park Apartments in San Antonio. With about a year left on her latest two-year lease, Bonilla sadly passed away.
Bonilla's family went to the complex, where a manager told them they would use the security deposit to clean and turnover the unit.
However, it wasn't long after that meeting that the family received a bill from the complex totaling $14,368 in "accelerated rent," and an $1,117 lease break fee.
According to News 4 San Antonio, the complex stated the reason for her move-out as "deceased."
Bill Clanton, an attorney who specializes in consumer and debt collection law, said "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."
Clanton said that according to a section of the Texas Property Code (sec. 92.0162), a representative of the tenant's estate may "avoid liability for future rent" if they take two steps: Remove all property from the apartment and provide a written notice of termination. The landlord can only 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," he said.
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