In a recent development in San Antonio, the seventh-most populous city in the United States, an apartment complex has retracted its attempt to collect over $15,000 from the family of a deceased tenant. The case highlights the intersection of tenant rights, estate law, and consumer protection in Texas.
David Naterman, son of the late Sandra Bonilla, reported that The Lodge at Shavano Park has withdrawn its claim following media coverage by WOAI-TV. Bonilla, who passed away in June 2024 at the age of 91, had approximately one year remaining on her lease at the time of her death.
According to Naterman, the complex initially informed the family that the security deposit would cover cleaning costs and the lease would be terminated. However, the situation took an unexpected turn when the family later received a bill for breaking the lease and a collection letter threatening legal action.
Texas law, which combines common law and civil law traditions, provides specific protections for tenants and their estates. Bill Clanton, a consumer and debt collection attorney, explained that under Texas law, landlords are typically allowed to collect only about 30 days of rent from a deceased tenant's estate, provided the estate removes all property and sends a written termination notice.
The incident sheds light on the growing elderly population in the United States and the associated challenges in housing and care. With an average life expectancy of around 79 years in the country, cases involving deceased tenants are likely to become more common, emphasizing the need for clear policies and procedures.
"They said it was a mistake. It was a mistake because it was put on air, otherwise they would have taken me to court."
This case also underscores the importance of consumer protection laws and the role of media in advocating for consumer rights. The Fair Debt Collection Practices Act (FDCPA) prohibits unfair or deceptive practices by debt collectors, a relevant consideration in situations like this.
The apartment rental market in San Antonio has been experiencing significant growth, potentially contributing to complex tenant-landlord relationships. As the city continues to expand, clear communication and adherence to legal standards will be crucial in maintaining fair housing practices.
While The Lodge at Shavano Park has not provided an official comment on the matter, the retraction of their claim serves as a reminder of the importance of understanding and following proper legal procedures in tenant-landlord disputes, especially in sensitive cases involving deceased tenants.