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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I have a lawsuite going about a piece of property being sold,

Resolved Question:

I have a lawsuite going about a piece of property being sold, I was evicted without any notice and after waiting 2 weeks my attorney said it was ok for me to go get some of my personal things outside, doing so i was shot at 11 times one connecting with my knee not sure if i will ever have full use of my leg from this. he is only being charged with felonious assult and illegal firearm. I am in extreme pain and may not ever walk again on 2 legs.
Am i entitled to a lawsuite for damages and pain and suffering?
Submitted: 5 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

To answer your question, if you were shot at without warning or without cause, then you can file suit against the person for pain and suffering, as well as your legitimate medical injuries. You may have an even stronger claim against the attorney because he mis-advised you--if you were evicted (I will leave the legality or the illegality out of it for one moment), you are deemed a trespasser and cannot re-enter the premises without consent of the original owner. As a consequence your attorney misadvised you and may have committed legal malpractice.

In terms of what you consider to be an illegal eviction, you also have grounds to file via landlord-tenant court for damages and seek punitive damages as a relief if you can show that you were evicted without notice or without the landlord formally going to court to obtain an eviction.

Good luck.
Customer: replied 5 years ago.
I am the original owner of over 30 years of this property. and lost everything i had in this eviction and am now living in a garage with a shot out knee cap. I thought the law says that a minimum of 10 days is required for an eviction. And if my lawyer did mis advise me, why in the world would he do that.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

That is not the case, you are entitled to up to 30 days notice if you were "month to month" and a periodic tenant. If you weren't paying rent, you were entitled to a 7 days notice. As for why your attorney failed to advise you correctly, I cannot say, I am merely pointing out the issue as I see it.

Here is the eviction notice statute for you to review:

554.134 Termination of estate at will or by sufferance or tenancy from year to year.

 

Sec. 34.

(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party. If the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.

(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.

(3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice.

(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for termination because the tenant, a member of the tenant's household, or other person under the tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the landlord may terminate the tenancy by giving the tenant a written 24-hour notice to quit. This subsection applies only if a formal police report has been filed by the landlord alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subsection, “controlled substance” means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL(NNN) NNN-NNNNto(NNN) NNN-NNNN

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