A bewildering bill
After Bonilla died, her sons told News 4 they went to her apartment complex and spoke with the leasing manager about breaking her contract early. They wanted to end the lease approximately 11 months before its official expiration next year.
Naterman claims the leasing manager said the apartment complex would terminate the lease and “use the security deposit” to clean the apartment and turn it over for a new tenant.
Later, the family was shocked to receive a bill for a total of $15,772.58, which was broken down as follows:
- Accelerated rent (lease completion): $14,368.48
- Cleaning: $112
- Relet/lease break fee: $1,117.06
- Touch-up paint: $75
- Trash out: $100
The notice also stated Bonilla’s reason for moving out of the complex as “deceased.”
“They want the rest of about a year-long worth of rent from a dead person,” Naterman had said in disbelief.
Refusing to pay, Bonilla’s family says it received a collection letter in which the apartment complex threatened to report the debt to a credit bureau or file legal action — a “stressful” ultimatum, per Naterman, for a family still in mourning.
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Read MoreWhat does Texas law say?
Section 92.0162 of the Texas Property Code explains the right to vacate and avoid liability following a tenant’s death.
The code states that representatives of the estate of a deceased tenant can “terminate the tenant’s rights and obligations under the lease” and “avoid liability for future rent and any other sums due” for breaking the lease early, if certain conditions are met.
Written notice of the termination of the lease must be provided to the landlord or landlord’s agent under Section 92.0162, and all of the deceased tenant’s property must be removed from the premises (this can be done by the landlord).
Bonilla’s sons say they provided written notice to end her rental agreement. If their notice met the requirements under Texas law, the lease should have been terminated by the apartment complex within 30 days. Her estate would have been liable to pay the rent for that period and no longer.
Per the code, landlords can pursue a tenant’s estate for delinquent or unpaid rent and to cover damages to the leased premises not caused by normal wear and tear.
When News 4 sought comment from The Lodge at Shavano Park Apartments for its initial report, the leasing manager would not make a statement. The complex also did not immediately respond to a request for comment from The Associated Press afterward.
Bill Clanton, an attorney who specializes in consumer protection law, described the situation to News 4 as “pretty unusual,” explaining: “I’ve never heard of somebody trying to charge an estate or somebody who’s deceased for rent before ... you certainly can’t get rent from a dead person.”
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