Penalized for dying without a 60 day notice

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By Mike Gertzman By Mike Gertzman
By Andrew Michalscheck By Andrew Michalscheck

PHOENIX -- A Valley man is on the hook for his deceased mother's rent because she didn't give notice of her death.

Bryan Thurston's mom's death was quick and unexpected.  Regardless, her apartment complex said she didn't give notice that she wasn't going to be around.

"She was a very loving person, she always took care of me and my brothers," Thurston said.

Thurston has fond memories of his mom.

"My mom was everything to me and her death was very, very hard," Thurston said.

According to Thurston, her death came out of nowhere.

"Thursday, she went," Thurston said. "She had some sort of seizure or something and then it was after that just days that she passed."

Following her death, Thurston tried getting his mom's affairs in order, which included moving her stuff out of the Azul Apartments in Gilbert.

"I went to the office to let them know that my mother passed," Thurston said. "They said they were sorry and the manager would contact me."

Thurston was shocked when Azul Apartments told him his mom's estate would be charged a 60-day penalty, which was basically two months of rent for not giving proper notice.

"How is she supposed to give you 60-days if she died," Thurston asked.

"I don't know it's just part of the contract," they replied.

Thurston was financially strapped with funeral and burial costs and couldn't comprehend why the apartment complex would demand 60 days worth of rent.

"It's not like she had a choice," Thurston said. "She's dead, there's nothing to collect. How do you collect on a dead person?"

3 On Your Side contacted the management company for Azul.

After looking into the matter,  they immediately waived all charges.

Thurston said he feels a sense of relief, and thanks 3 On Your Side for getting involved.

A big thank you to the management company for waiving the remaining two months rent.