Apartment Complex Backs Down From Charging Deceased Resident Rent

The complex’s manager emailed an apology to the deceased woman's family, claiming the rent bill was a 'clerical error.'

The Lodge at Shavano Park, an apartment complex in San Antonio, Texas, backed away from its intentions to charge the family of Sandra Bonilla a year’s rent following her death after receiving backlash after a CBS Austin report that brought negative attention to the decision.

According to CBS Austin, the apartment complex initially billed Bonilla for breaking her lease when she died in June at the age of 91. The complex’s manager, Brandon Izaguirre, emailed her family, apologizing for what they said was a “clerical error.”

“We are very sorry for the unfortunate clerical error that led to incorrect charges being applied to Sandra’s account with The Lodge at Shavano Park Apartments. We have corrected the error and removed the remaining charges as a courtesy. There is no balance due, and the updated Final Account Statement is attached to this email. Again, we apologize for our mistake,” the email read.

Initially, the family was charged $15,000 despite sending a letter to the apartment complex after her death. In addition, the family received a collection notice regardless of the fact that under Texas law, landlords are not to charge more than one month’s rent to a deceased tenant’s account as long as a representative of said deceased tenant cancels the lease in writing and removes any of the deceased’s effects from the property.

Bonilla was buried at Fort Sam Houston National Cemetery next to her husband, who preceded her in death. Bonilla had lived at the complex for more than 10 years before she died.

David Naterman, Bonilla‘s son, told CBS Austin that the complex told him they would use the security deposit paid when Bonilla secured the apartment to pay for turning it over and terminating her 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. They want the rest of the, about a year’s long worth of rent, from a dead person,” Naterman said.

Bill Clanton, an attorney specializing in consumer and debt collection law, told CBS Austin that the complex’s actions were highly unusual.

“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. 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.”