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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLandlord Sends Man $1,200 Bill To Cleanup His Roommate’s Blood, Who Was Shot Dead By Police
Last month, a Madison, WI, police officer shot and killed Tony Terrell Robinson Jr., an unarmed 19-year-old. The citys chief of police has compared the case to death of Michael Brown in Ferguson, MO.
On Wednesday, the Wisconsin-based Devils Advocates Radio Network reported that Robinsons surviving roommate, Anthony M. Limon, had received an eviction notice, giving him five days to vacate their Madison apartment or pay their three-days-late rent and $1,192.15 for bio-hazard cleanup for removal of Robinsons blood from the apartment. The notice was addressed to Limon and his mother, whose name also appears on the lease.
The notice was sent by landlord Ray A. Peterson. Peterson told Devils Advocates co-host Mike Crute that he believed it appropriate to bill Limon for the bio-hazard removal because Robinsons name did not appear on the lease.
http://thinkprogress.org/justice/2015/04/02/3642252/madison-police-shooting-eviction-landlord/
marym625
(17,997 posts)Really just hate them
yeoman6987
(14,449 posts)deceased name on the lease which makes the story irrelevant to the Landlord. I am interested in other opinions, but if it is looked at factual and legally, the Landlord is right. Now the roommate could try to sue the police to get the 1100 dollars back but the Landlord is not responsible at all for this. The tenants are.
msongs
(67,441 posts)yeoman6987
(14,449 posts)JimDandy
(7,318 posts)Makes one wonder...
pipoman
(16,038 posts)As stated, he should give that to his attorney or walk it into this chief of police and request he fix it...
Kingofalldems
(38,475 posts)And since when is landlord capitalized? Is that some sort of homage to businessmen?
yeoman6987
(14,449 posts)Facts are what I evaluated in the story. I am 100'percent right on this one....no make that 200 percent.
Logical
(22,457 posts)LanternWaste
(37,748 posts)"Oh I hate when facts get in the way..."
At the very least, interpretation of fact, if not the facts themselves...
JI7
(89,264 posts)but even those more obvious have lasted far too long.
Hekate
(90,793 posts)Is this someone you are acquainted with, since you seem to need to defend his actions?
yeoman6987
(14,449 posts)Why should the landlord have to clean the mess of someone not on the lease? I guess if you have guests over for a party and they destroy the house, the tenants aren't responsible? Sue the cops that is what should be done by the tenants. The Landlord is free of obligation. Once you read the article you will agree with me.
hobbit709
(41,694 posts)Kingofalldems
(38,475 posts)snooper2
(30,151 posts)Chemisse
(30,817 posts)He's talking about the law, and he is probably right.
I don't know what history this poster has, but each post should stand on its own merit, and there is nothing wrong with his opinion on this, from a legal standpoint.
Morally, the whole thing is outrageous. I think if I were the landlord I would attempt to sue the police department directly for damages, if that can be done legally, rather than throw it onto the shoulders of the tenant.
hobbit709
(41,694 posts)And I stand by my post.
brooklynite
(94,727 posts)Or have you expanded the definition to include anyone who owns property?
hobbit709
(41,694 posts)brooklynite
(94,727 posts)merrily
(45,251 posts)FYI, as long as Limon's name was on the lease, Limon is technically liable, whether the deceased name was also on the least or not. But, the landlord could also be a human being and either not pursue Limon at or give him time to pay, without an eviction notice.
elehhhhna
(32,076 posts)Used to work for a co that did bio cleanup - owner is liable. Might have a case if the renter shot the dead person, otherwise nope. Insurance Wil pay but for.1100 bucks if was either very minimal blood in scene or a diy cleanup.
ProfessorGAC
(65,168 posts)Some sanity. The owner of the property is being quite presumptuous if he believes the tenant is automatically responsible for costs incurred that they did not cause.
Bill the cops. File a claim. Don't assume the tenant is liable for the cost.
elehhhhna
(32,076 posts)Not liable.
ProfessorGAC
(65,168 posts)Then agency law applies.
elehhhhna
(32,076 posts)Bet the landlord had invoiced the city already, too. Double dip blood money.
ProfessorGAC
(65,168 posts)Things that make you go, Hmmmmmmm.
Lee-Lee
(6,324 posts)In addition to being a violation of virtually every lease ever written for an apartment, it makes him responsible for any damages caused by the person he was sub-letting to in violation of the lease.
Sorry, but the tenant broke the lease sub-letting, the person he sub-let to got high on shrooms and started getting crazy and violent and set in motion the events that led to this.
He is responsible for the consequences of everything caused by the person he allowed to stay there. Had the person just broken windows and damaged doors when he was high, the tenant would have been just as responsible.
Now, had this been a case where a random stranger was fleeing the cops and ran into that home and was shot, then holding the tenant responsible would be a shitty move. But it's not even close to that.
unblock
(52,317 posts)it certainly *should* take longer....
Chemisse
(30,817 posts)But it's hard to imagine any state allowing such a short notice for eviction.
elehhhhna
(32,076 posts)The bio cleanup is a b.s. charge.
Beaverhausen
(24,472 posts)Don't landlords have to give 30 days?
And the city or state or someone else should pay for the clean up.
Would anyone's insurance pay for it?
Trillo
(9,154 posts)this is the kind of notice that is first required. In California, I believe it was 3-days. The tenant has the right to pay the rent, plus the cleanup fee, late fee, and they won't be evicted. In the event of non-payment, once this has been served and the time elapsed, for the ladnlord this begins the process of getting the police or sheriff, which I don't recall all the rest of the remaining details, but that also takes some time to process through the court system.
2naSalit
(86,775 posts)all the landlord has to do is tell you, even over the phone, to get out and then the clock starts ticking on a three day timeline. It depends on where you live to some extent.
Trillo
(9,154 posts)What I recall in California, is it would take the ladnlord a few months to process everything through the courts, so the non-paying renter could live there rent free for a time. This is one of the reasons that so many landlords have such high deductibles and require last months rent.
The bottom line is how long it takes before the police or sheriffs show up to perform the physical eviction.
It's a good idea for renters to buy a book on landlord tenant laws that apply in your area. You don't need to be a lawyer or a landlord to get value from reading through them.
2naSalit
(86,775 posts)I have actually sued my landlord, more than one of them for blatant violations of things, and had to study up on local and state housing/rental laws to prepare. I found that there are vast differences with regard to location. BTW, I won all my cases because I studied and the landlords hadn't.
Trillo
(9,154 posts)In our area, the last time I looked which was more than several years ago, it was very difficult to find the local laws online. Longer back, they were not online at all, even though federal and state laws were online. How did you find the local laws?
2naSalit
(86,775 posts)If you can't find laws in your area from a library, they often have legal reference areas within them and asking the librarian is often required. But you can request them from the government - city or municipal. These are public documents and are made available somewhere for you to access. So a local public library, or a college university library, or directly from the government... the government has to make them available. (In Idaho, where my last suit took place) the canon of state laws is known as the "Idaho Code" so look for synonyms in your searches. Most states, counties and municipalities have online versions but even then you may still need to actually see the physical publications to find everything. That's how I found the info. Also, if you are having trouble finding what you're looking for, calling or talking to some practitioner can be helpful in learning the jargon enough to find the documents you need. Some will gladly point you to a good starting point, just don't tell them you are considering a suit, tell them you are a student or something so they won't tell you a starting point that leads to frustration so that they can get your business when you give up on the chase by yourself... learned that one the hard way once.
MillennialDem
(2,367 posts)a landlord and pushed this bill so that landlords can evict tenants a lot faster.
Lefta Dissenter
(6,622 posts)He's got a reputation as an asshole landlord, and now we see that's justified.
There's a GoFundMe campaign to help defray costs. Craig, who started it, is a good friend, and I can vouch for his enormous, generous heart and his connection to Tony, the young man who was killed.
Please contribute if you can.
http://www.gofundme.com/q3vcce4
YOHABLO
(7,358 posts)Does he have to come up with the cost of bio-hazard clean up in order to not be evicted? By the way, I would be out of there so fast after someone was shot in an apartment.
2naSalit
(86,775 posts)I wouldn't even go back in there unless there was something so valuable that I couldn't live without it, everything else could be replaced. Bad juju from an event like that would not be anything I'd want to be around for any identifiable amount of time. I would move even if it happened to my neighbor next door or down the hall or downstairs.
Trillo
(9,154 posts)Shoot someone and make others pay to clean up the mess. Ain't capitalism grand? Always going after the littlest for payment.
uppityperson
(115,679 posts)What. The. Fuck.
olddots
(10,237 posts)there will be many suspects .
MillennialDem
(2,367 posts)Specifically I'd turn the water off to the toilet, stuff a bunch of "shit" (figurative, not literal) down the drain to clog it (tennis ball, large marbles etc, entire roll of toilet paper, etc) then take manure (the actual shit) and put it in both the bowl and upper deck of the toilet.
Chemisse
(30,817 posts)All those actions would come back to haunt him someday in court.
elehhhhna
(32,076 posts)MillennialDem
(2,367 posts)Travis_0004
(5,417 posts)I dont think the landloard should pay the bill. Ultimately the police will be sued and this bill can be included in the lawsuit, but for now I think it does fall under the tenants responsibility.
merrily
(45,251 posts)Travis_0004
(5,417 posts)If the shooting was justified, then the police wont pay.
If it was not justified the cost can be included in a civil suit.
Either way the landloard doesnt have a contract with the police. It is the renters responsibility to pay for damages. If the renter is not responsible then they can go after the person who is.
merrily
(45,251 posts)ProfessorGAC
(65,168 posts)Define damage. I can't wait to see what convenient little bow you put on this present.
Travis_0004
(5,417 posts)treestar
(82,383 posts)Yeah I think there is a lot of blind hatred of landlords in general that is supposed to translate into the law.
It could be a disputable point. Post 36 makes a good point - it's not the tenant's fault, so like a leaking roof, one would think this falls on the landlord, who is just trying to scare the tenant into thinking he's liable.
Of course the tenant can be evicted for not paying the rent, and the cost of biohazard clean up is irrelevant.
But as another reasonable poster said upthread, no wonder he's not paying the rent. I'd want to get out of there too. Good chance to get out of the lease, hopefully. If it's just month to month.
Algernon Moncrieff
(5,790 posts)Most landlords contact one of the national services (e.g. Paul Davis Restoration, ServPro, ServiceMaster) to find a provider to perform the work. Generally, the service involves workers in PPE (Tyvek suits, gloves, breathing apparatus if necessary), and the cleanup services generally involve disinfecting, removal of carpet, and deodorizing.
A comedy called "Sunshine Cleaning" with Amy Adams involves this subset of the janitorial industry.
I would suppose that the landlord considers it to be extrordinary cleanup, beyond what is covered in the lease as "ordinary wear and tear" and is simply passing the bill to the tenant.
Lee-Lee
(6,324 posts)Sorry, but if he was subletting to someone in violation of the lease, and that creates a mess or damage for whatever reason, he is liable.
Looking at more details on this case, they were using hallucinogenic mushrooms, he startd acting wild, and the police were called.
If he had done any other damage to the property while high on shrooms, the person on the lease would be 100% responsible.
This, legally, is no different. He violated the lease by subletting, and he is 100% accountable for any damages that result because of the actions of the person he subletted to.
Actions have consequences. Violate your lease and damage happens because you did, that's on you. It certainly isn't the landlords fault.
Freddie Stubbs
(29,853 posts)This is basically a "get the f@&k out of my property" letter. Who would want this guy as a tenant?
The tenant is behind in paying the rent.
The tenant subleased to two other people.
One of the persons who the tenant subleased to was on probation for home invasion.