Church Fines Evictee For Talking

Aggressive and unreasonable acts of retaliation - like charging a penalty for the exercise of free speech - does nothing to endear landlords ( an endearing term from feudal times) to the public. Legal responses like this generate concerns for the tenant and in the end constitute the worst public relations possible for the client.

Mastrianni's parents must be so proud of his gouging. "A slogan emblazoned on the website states, ​“Get the rent … or get them out.”

Sorry but I disagree with the editorial position that this is a constitutional issue. Mr Cruz made a very public PR assault during a mediation process that created legal fees. He was as free as a bird to speak his mind to whomever he wanted, but every action has reaction and the consequences are of his own making.

There should not be fines for free speech. There was no legal injunction against the tenant talking, nor was there a cease and desist order, or no disclosure clause, or anything like that to legally muffle the tenant’s right to complain about their situation. I hope the courts reduce the fee to the usual fees charged in these types of situations, and warns the lawyers to not try this type of stunt again.

​“Get the rent … or get them out.” Well, the landlord has little to no chance of getting the rent, so Mr. Cruz, and roommate(s), please leave. C'mon, this guy is scamming the system.

Legal Aid is lying about how much an eviction costs the landlord.

An eviction can easily cost more than Cruz is being billed. Ultimately, his liability for all the fees depends on the language of the lease he signed. Some lawyers I know charge $400 to $700 an hour, so fees can add up quickly. The simplest eviction can be $2K with court and Marshall fees.
BTW, NHI earlier said Cruz was a parishioner, which I presume means he thinks himself a Christian. So why has he been stealing thousands of dollars worth of housing from a church of all organizations?

There are 2 sides to every story and it’s pretty lame if the church has to contact a lawyer to speak for them. Call the independent and give them the facts of your side of the story.On the other hand you can’t not pay rent and expect to be let off the hook because your renting from a Christian community owned property.

Correct me if I'm wrong but it seems to me that public relations legal services, while they may be related to an eviction case, cannot and should not be included in legal fees billed to the tenant for that case. I mean, is this somehow changing the filings or arguments in any way? I don't think so. Since it's been admitted in communications between the two parties that "a decent portion of" the fee is related to PR, not the preparation or argument of the case itself, I would hope that a judge would exercise some discretion in limiting/discounting the claimed legal fees if the church does win the case.

Robn, where does the article claim this a constitutional issue? It quotes the tenant’s attorney as saying “it’s not illegal to speak out, and its not illegal to charge someone for it”? He argued that the landlord’s attorney fees were excessive, not unconstitutional.

Matthew 25:35 "For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in."

Somehow people on these message boards want massive increases in affordable housing and at the same time when someone can't pay the landlord should carry the tenant out of the goodness of their heart. Well you will never get affordable housing from anyone if they can't collect the rent and you set a playing field where it benefits the tenant to be a freeloader. Open up your spare rooms to this man. When you say "We need to....." set the example first with "I need to...."

As a landlord, I was charged $2200 by the same “landlord law firm”, to handle a case for me and I lost the case and I had to start all over again. I handled the case pro se and won on my own.

Legal Aid’s estimate of $500 to $900 eviction costs are WAY too low thus I doubt that much of the quoted bill is for retaliation.

In any event, the tenant in question is, to quote other attorneys “judgement proof”.
He can’t pay the rent. What makes the law firm think they’ll ever collect?

Here are the typical eviction costs for a landlord:

court fees up to $300.

State Marshal’s fees for service of papers, summons, etc plus standing by and signing off tenant’s belongings on the day of the execution: $800. Of course not all evictions go to the point of having belongings forceably
removed. Rather than suffer the indignity of that, many remove their own belongings.

legal fees if using an attorney = in excess of $1500.

The landlord must pay professional movers to pack and remove the tenant’s belongings. The mover will load up a city supplied public works truck which brings the goods to city storage = $1000. (the landlord only has to pay for the movers, not city storage).

Total typical eviction costs to the landlord:
$3600. That of course doesn’t include lost rent, apartment damage, etc.

Henry Hillowski, this is not Mandy we discuss. This is a house of worship calling itself the Radiant Star of Jacob Christian Church. If this landowner wants to claim the mantle of Jesus, the community ought hold it to the Beatitudes. The summary process and news reports do not seem to indicate that the tenant is a nuisance. It is mere money. And both on its facebook page and its website, La Iglesia Cristiana Estrella Resplandeciente De Jacob quiere su dinero.