Landlord seeks eviction, cleanup costs where Tony Robinson was killed
As friends and family members of Tony Robinson wait for Dane County District Attorney Ismael Ozanne’s ruling on the fatal shooting, two of Robinson’s friends are facing eviction.
Brothers Anthony and Javier Limon had been living in the apartment until the night Robinson was shot on March 6. They have not stayed in the apartment since the incident but are being asked to pay March rent of $750 in addition to $1,192.15 for “bio-hazard cleanup,” totaling nearly $2,000 that was due Thursday.
Ray Peterson, who owns the 1124 William St. apartment, issued the eviction notice originally giving the teens five days to vacate the property on March 24.
Peterson told News 3 Anthony Limon and his mother, Tamara Herrera, violated the lease.
“I feel like it’s the legal responsibility of the tenants, because they violated the lease by allowing unauthorized persons to live in the apartment and permitted drug use,” Peterson said.
Craig Spaulding’s son is close friends with the teens. While Peterson claims Robinson was living in that apartment at the time of the shooting, Spaulding denies that.
Spaulding told News 3 Robinson would stay there often, but did not live there.
Spaulding has been working with Anthony and Javier Limon to try to raise money and help them move before the April 10 eviction date.
“I don’t think it is fair at all. I think morally especially it’s not fair to ask them for anything,” Spaulding said. “I can’t believe that the police didn’t clean it up or don’t have any protocol for this and to sort of leave everybody hanging.”
“The city police department has a $60 million city budget. They would hardly even notice that $1,100. It seems to me to be more appropriate that the police department pay for that,” said Brenda Konkel, executive director of the Tenant Resource Center for Housing Justice.
According to the eviction notice, only Anthony Limon and his mother were on the lease. Javier and Anthony Limon have not lived in the house since the shooting, but Peterson is still looking for last month’s rent.
“I don’t think it is entirely crystal clear what their rights are, but as the tenants in their apartment, they are only responsible for things that they or their guest or invitees had done. As far as the rent goes, if they were unable to live in the apartment, it is sort of a constructive eviction situation. They shouldn’t have to pay for days where they were unable to live in the apartment,” Konkel said.
But for the Limon brothers, who are still trying to heal, Spaulding said this should be the last thing on their minds.
“They haven’t been able to work since this happened, and it’s just very difficult and a horrible tragedy all around,” he said.
Peterson has been working with the Limon brothers’ attorney to reach an agreement. Peterson said he will give the tenants until April 10 to move out.
Madison City Attorney Mike May told News 3 the financial responsibility for the cleanup cost ultimately lies with the landlord.