Apartment complex bills family of woman who died $15,000 for breaking lease

A Texas apartment complex sent a bill to the family of a former tenant, charging her for breaking her lease after she died.

The woman’s children received a bill from the complex for $15,676 and a collection notice, despite a Texas law that allows family members to cancel a lease when a loved one passes away.

“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,” said David Naterman, the woman’s son.

Sandra Bonilla, 91, died in late June and was buried at Fort Sam Houston National Cemetery next to her husband. She had lived at the Lodge at Shavano Park Apartments for more than 10 years. At the time of her death, Bonilla had almost a year left on her two-year lease.

“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,” Naterman said.

But later, the family received a bill for $14,368 in “accelerated rent” and a $1,117 lease break fee. The reason for her move-out was listed as “deceased.”

“They want the rest of about a year’s long worth of rent from a dead person,” Naterman 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,” said Bill Clanton, an attorney who specializes in consumer and debt collection law.

Clanton said a section of the Texas Property Code states that 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.

“You can’t get blood from a turnip, and you certainly can’t get rent from a dead person,” Clanton said.

Bonilla’s son said they sent the termination notice but still received a collection letter threatening to report the debt to a credit bureau or file legal action. For now, the family is waiting to see if the apartment complex follows through.

“It’s quite stressful,” Naterman said.

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