Legal Question in Civil Litigation in Michigan

Unlawful entry of Landlord!

My landlord made an unlawful entry to my house, assulted and battery my spouse. Then came in on me the shower. The whole time my 4 yr old daughter was here and seen everything that happend. I have filed a police report, still under investigation. My question is what are my rights? Can I file a civil suite? Help!


Asked on 12/21/02, 12:02 pm

2 Answers from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: Unlawful entry of Landlord!

There are a number of potential civil causes of action in a case such as this:

1. Civil Assault

2. Civil Battery

3. Intentional infliction of emotional distress

4. Constructive eviction

Probably makes sense to wait until the end of the police investigation - if the landlord pleads guilty or is found guilty, then your civil case is made and you should have an easy time of it.

I would contact an attorney to represent you on the civil actions, inform the attorney of what is happening. He/she will probably want to wait out the criminal investigation as well, but they can watch the criminal proceeding closely so as to maximize the potential in your ultimate civil case.

Good luck,

Tom Weiss

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Answered on 12/21/02, 2:46 pm
Andrew Prine Andrew W. Prine, P.C.

Re: Unlawful entry of Landlord!

I would need to know more details of what happened to be able to give you an opinion. I am located in Saginaw, but would be happy to speak with you about your situation. I will be in the office Monday morning, and you can use our toll free number 888-221-0844 to contact us, and ask for Andy or Chris. I will also be in the office Monday, 12/30, for most of the day.

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Answered on 12/21/02, 1:37 pm


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