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Renting an apartment or a home of any kind is seen as a tremendous advantage in many regards. By renting instead of owning a home you provide yourself flexibility. That flexibility may allow you to save money for a long-term purchase or attend to other financial matters. Renting is for many people a temporary state of life. When you are renting you buy yourself more time to develop a plan for the next stage of your life. Intentionality in your decision-making is a crucial part of achieving success.
No matter what your life stage is there is a great deal good to be said about renting. However, that does not mean that even a good decision cannot come with challenges and negative consequences. In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss the situation of a San Antonio woman who recently passed away. That woman was renting an apartment. She passed away with time remaining on her lease. As her sons attempted to manage her affairs they discovered that this lease was going to present greater challenges than they had bargained for.
What is the backstory of Sandra Bonilla?
The woman in question is named Sandra Bonilla. Ms. Bonilla died in June 2024 at the age of 91. When she passed away there was still a year remaining on her two-year lease at a San Antonio area apartment complex.
After Ms. Bonilla passed away her son set to do what many of us have done in our own lives. Namely, attend to matters related to the estate of a deceased parent. As it pertained to her apartment, the sons attempted to cancel Ms. Bonilla’s lease. The sons assumed that this would be a straightforward circumstance. After all, their mother was now deceased. This was not a willful attempt to cancel or break a lease.
Encountering difficulty when attempting to cancel Ms. Bonilla’s lease
However, that was not the situation that played out for the sons of Ms. Bonilla. When these gentlemen were in the grieving process over the death of their mother a bill was received from the apartment complex. In essence, this bill covered all remaining rent due on the lease as well as a fee for breaking the lease.
Understandably, the sons were quite upset. To them, this was a situation involving an apartment complex that cared more about receiving every available penny that they could rather than looking at the situation with empathy. I think any of us who found ourselves in this situation would agree with the sons.
Publicity makes the bill go away
When they encountered this bill, the sons of Ms. Bonilla contacted a local San Antonio television station. The bill was made available to them. After the situation became publicized the apartment complex withdrew the bill. The charges were canceled, and an explanation was provided that the whole episode was a mistake.
What does this situation mean for the rest of us?
While this must have been a relief to the sons of Ms. Bonilla it does not help answer many questions for us. If this type of thing could happen to an elderly woman in San Antonio then it could certainly happen to any of us.
With that said, we are going to explore the situation in greater detail. Before we can leave Ms. Bonilla’s situation alone it is a good idea to determine what the potential impacts may be not only in her life but in our own. If nothing else, this should be a wake-up call that not everyone has the best interests of you and your family at heart. There are legal processes and financial concerns that become competing interests even when you are dealing with a difficult loss of life.
Are you facing a similar circumstance as Ms. Bonilla’s sons? Or are you a person who is attempting to plan for end-of-life circumstances? If so, then it would be to your advantage to speak with an experienced Texas attorney. The attorneys with the Law Office of Bryan Fagan practice in family, estate planning, and general civil matters. This means that our attorneys are equipped to assist you and your family in almost any situation or legal challenge you are facing. Contact us for a free of charge consultation today.
Handling matters after the death of a parent
This is a situation that many of us ponder in the back of our minds. Namely, how would we go about handling matters related to the death of our parents? No matter the health or age of our parents we need to think about this subject. Being a good steward of our resources considering how we may be called upon to help a parent in need. Certainly, after the death of a parent, you are in a primary position to care for their legacy and estate.
Looking after their affairs once a parent has passed away means doing what Ms. Bonilla’s sunset out to do. If your parent is a renter, then this means speaking with the leasing company or apartment complex directly. Depending upon the lease agreement there may be provisions that require different things when it comes to terminating a lease. Usually, there are no provisions included that specifically relate to terminating a lease because of the lessee’s death. However, this may be a good thing to ask your parent about.
From there, you may speak to the apartment complex either with your parent or by yourself. Even if there is not a specific provision in the lease regarding the death of your parent that may be something you can agree on directly. Unfortunately, the apartment complex in our story sent collection letters to the deceased mother’s family. There were even threats of legal action if the old amounts were not paid in full.
Looking at Texas law regarding the death of a tenant
The Texas Property Code governs matters related to renting property. Specifically, Section 92.0162 of the Property Code spells out the rights of a tenant to vacate a property and avoid liability after death. An estate representative can terminate the tenant’s rights and obligations under the lease and avoid liability for future rent and any other sums due. However, certain conditions must be met for liability to be avoided.
First, written notice of the lease termination needs to be provided to the landlord or their agent. The property needs to be removed from the location. The landlord or apartment complex is legally able to do this themselves. However, if you have time to do so you may choose to inquire with your parent, relative, or directly with the apartment complex about how to retrieve items. This would save your loved one from having to attend to matters themselves.
What is described above is not included in any estate planning guide or legal reference. In short, this would need to be something where you have the forethought and plan in place to handle situations like this yourself. If you and your loved one are acting intentionally then it may be that you can plan and attend to these circumstances yourselves without additional stress or anxiety. Certainly, waiting until after your loved one has passed is not ideal.
What did Ms. Bonilla’s sons do after her passing?
Let’s get back to our story. The Suns in this situation provided written notice to the apartment complex to end her lease. Assuming that the notice was acceptable under Texas law the lease should have ended within 30 days. This means that rent would have been due for these 30 days. A landlord can then go back and attempt to recoup additional expenses beyond wear and tear against the estate of the deceased individual.
This seems reasonable. I’m willing to bet that most people reading this blog post would agree that this is a reasonable conclusion for both sides. For the deceased person in their family, this allows them to not be on the hook for potentially tens of thousands of dollars in rent. Ms. Bonilla’s lease agreement was for two years with the apartment complex. She was already one year into that lease agreement when she passed away. Imagine how much more money would have technically been owed on the lease had she passed away only shortly after the lease was agreed to.
Overall, it seems that the family of Ms. Bonilla made good decisions after she passed away. It could be argued that with an elderly mother, the sons could have spoken to her and her apartment complex before her passing to figure out any affairs to get in order. However, this may be asking for too much for a family more focused on spending time together. In any event, an apartment complex would have difficulty obtaining rent from a person who has passed away.
Helping your loved one prepare their estate and affairs
The situation involving this mother and her sons certainly seems to be an outlier. Assuming proper written notification of death, the apartment complex certainly should not have sent a bill totaling nearly $15,000 to the sons of the deceased. However, that this did happen is a good opportunity for the rest of us to identify areas in our lives where we may be able to prepare ourselves and our family for events regarding end-of-life scenarios. What are some good first steps that you and your family can take if you find yourself in this type of position?
One of the first steps you and your family members can take is to draft a will. Creating a will allows you to determine who receives your property and assets after your death. Will creation is not just for older people. Rather, will creation is a process that any person over the age of 18 should think hard about. This way your affairs can be in order If something were to happen unexpectedly. After you or a loved one had passed away it would be too late to attend to these types of matters.
Another step that can be taken by you would be to talk to your parent about determining who can handle their affairs after he or she has passed away. These would include documents like a power of attorney or a health care directive. A healthcare directive can determine what sort of care is provided to you when you are unable to make decisions for yourself. Someone who holds power of attorney can also make decisions on your behalf if you become incapacitated. Having people in your life whom you trust provides you with options when it comes to naming a power of attorney.
What to do with existing estate planning documents
If you have already prepared a will or other estate planning document now is a great time for you to review the document for accuracy. The simple truth is that all our circumstances change periodically. This means that what you included in a will drafted a few years ago may no longer match up with your reality. In a situation like that you would need to review your document and make changes. Working with an experienced estate planning attorney is a terrific way for you to maximize efficiency and begin the drafting process.
Many types of financial accounts do not need a will or trust to pass. 401K’s and individual retirement accounts name beneficiaries within the account documents themselves. Therefore, it would not be necessary to name the beneficiary of your 401K within a will. However, that does not mean that you should not regularly review beneficiaries of these accounts. Go through your retirement and savings accounts to determine who was named as a beneficiary. The last thing you want is to go through detailed estate planning only to find that an ex-spouse, for example, is named as the beneficiary of your retirement plan.
Think about objectives and planning for the end of your life
One of the main reasons why many people hesitate to plan their estate is because it is unpleasant to consider matters related to death. It is almost as if thinking about estate planning matters will bring about your passing. While this is not true it is still an understandable sentiment to have. None of us enjoy thinking about death. At the same time, it is a reality that confronts each of us. All of us will someday pass away.
You can make a tremendous difference in your life and that of your loved one by properly planning for end-of-life matters. Thinking through the issues related to your finances, estate, and life in general can provide Peace of Mind to loved ones. Whether you are helping one of your loved ones or planning your end-of-life circumstances it does not take an advanced degree or thorough knowledge of the issues to do this. Simply mapping out the property you own, the debts that you owe, and then deciding where each should end up is the essence of estate planning.
Finally, being intentional regarding your estate makes a tremendous difference. Many people around us wander into end-of-life circumstances. One day you are in perfect health. The next, you find yourself having to confront issues of life and death. All the while, you have stress and anxiety weighing heavily upon you. Certainly, this is not an ideal situation to find yourself in. By planning your estate in times of stability you give yourself and your family a chance to focus on one another rather than financial and estate planning matters.
Final thoughts on the state planning and end-of-life circumstances
Finding yourself in a position where you are having to argue with an apartment complex over thousands of dollars in accelerated rent is not preferable. The sons of Ms. Bonilla had to go to extreme measures to have their situation handled correctly. Fortunately for them, their mother’s apartment complex came around, and decided to act fairly.
Please allow this story to act as a cautionary tale. You and your family hopefully have time to attend to matters related to estate planning. Part of that is having a plan for tying up loose ends should one of you pass away. Overall, there is a lot that can be done to safeguard finances and provide peace of mind.
For questions about this blog post or regarding any help that our attorneys can provide to you and your family please reach out to the Law Office of Bryan Fagan today. We have the estate planning attorneys you need to solidify your life and protect your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
