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David Merbaum’s Answers

466 total


  • What options and choices do I have, and/or steps can I take about having to be in an inhabitable apartment?

    I am currently in Gwinnett County Georgia, and I am up to date on my rent for my apartment. I have been informing management of holes in the walls, behind the fridge and stove, which weren't visible until an infestation in a connected apartment in...

    David’s Answer

    If you have one month left then you have some options. You do not have the right not to pay rent, but if you do not pay February rent, they may move to evict you. By the time the case comes up for trial, your time to leave may be up anyway. However you have the right to have a habitable apartment, free from infestation. I would send a demand and tell them that if they do not fix the situation ASAP, you will call the Health Department. Also tell them that you consider this constructive eviction and if they sue you will file a counterclaim. May want to get an attorney to help. I would send a strong letter and see if you can just leave and avoid rent for the final month as a fair settlement. There are a lot of other issues to discuss so you may want to talk to an experienced landlord tenant attorney to go over all your options. Landlord's like this are disgusting in my opinion

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  • Do I have grounds to terminate my lease early? What are the steps to take for that?

    My husband and I rent an apartment. On 1/15/16 we notified the onsite property manager of a leak in the bathroom, including ceiling damage causing a 1-2" sag, and put in a work order request. Maintenance saw leak, took no action. On 1/22/16 our ba...

    David’s Answer

    Not likely. You can try repair and deduct if you can show you gave the L an opportunity to fix and they did not. Or you can sue for breach of the lease or for diminished value due to the defect. I would send a demand letter to the L and tell them they are in breach and if they do not fix ASAP you will either repair and deduct or sue them for breach. One thing you cannot do is not pay rent. I do not think this rises to the level of constructive eviction. Maybe you can get an attorney to write a letter for you for a reasonable flat fee since a letter from a lawyer might have more weight. Good Luck

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  • What to do if I cannot afford an attorney?

    Not sure what to do, but what are my options if I need an attorney but cannot afford the retainers fee at the moment? I will be able to afford it but not before my court date.

    David’s Answer

    Try legal aid or call the Atlanta Bar Association and you get a 1/2 consult for $45. Maybe the attorney you chat with is willing to work with you on the money

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  • What can I do and, what are my options

    I lost two motorcycle in a house fire. I only have basic insurance. Both insurance said they can not do anything, so did are house insurance said they can not do anything.

    David’s Answer

    Have an attorney review the insurance policies to get an opinion. May not be anything that can be done, but maybe there is

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  • What can I do to recoup my money back from these companies. It's frustrating to me at this point. It's been eight months.

    On May 21, 2015 I purchased a 144 cases of antifreeze coolant from two companies located in Indiana and Illinois. I wired $4,195.60 into this company bank account in which they on the same day which was confirmed by the company. We'll to make a lo...

    David’s Answer

    First off, this may be some sort of crime because it crossed state lines so you may want to see about criminal charges. Secondly before you can bring any sort of civil action, and you may even be able to sue inGeorgia, you need to find out where this company is and how you can serve them with a lawsuit. You may also have claims against the individuals for fraud if they never intended to deliver the goods. A letter to a crook is not going to do you any good, You have to find them and just sue or pursue the criminal side of this

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  • Could I please get a lawyer to start next week on filing my case and having the contractor served? His business is in Newnan GA

    I hired a contractor to finish my basement and remodel my master bedroom (two separate contracts). his first team of workers were fired for not remodeling my home up to code. other team of workers came in but they walked off due to no payment from...

    David’s Answer

    Use the find a lawyer tab as lawyers are not allowed to solicit business on this site. However you want to find a good construction attorney. What you have alleged is breach of contract against the contractor. Your damages are the costs to complete and repair the work so while you can file suit now, it would be nice to know what needs to be done to fix the work. If there is enough money involved, I would suggest an engineer to assist before you sue. Also you may want to consider whether any one is personally liable and whether there was fraud, If you get a judgment you want to set it so that if the company or owner files bankruptcy, you have a chance to continue to collect in bankruptcy court. Finally, Georgia has a Right to Repair Statute so while you can certainly to right to a lawsuit, if the other side gets an attorney that knows what he is doing, he may force you to follow the mandate of the right to repair statute. Make sure you get an attorney that is well versed in construction law.

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  • What is the minimum notice period needed for deposition in Georgia?

    I'm going through a civil lawsuit in Georgia, US. My discovery period is going to end in 10 days. So far, the other party was sitting idle and now sends a notice for the deposition. I can't show up for the deposition, because I'm out of country no...

    David’s Answer

    I am not aware of any specific notice but I believe that it is governed by what is reasonable. If they have actually sent the notice, I would contact the other attorney and tell them that the notice is not reasonable, they waited until the last minute and they need to withdraw the notice. If they refuse, you may have to file a motion for protective order or depending on the judge, call the court for a phone conference to address the discovery dispute. Just not appearing does carry a level or risk. Many judges will handle this on a phone conference. I cannot predict what a judge may do but they will not be happy with the other side waiting until the last minute to send the notice, however the judge does have discretion to extend discovery to allow the deposition. I think the other side should be prepared to have a good reason why they waited so long.

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  • The plumber says it has to be replaced, do I have any recourse since it was never mentioned by the inspector or real estate agt?

    I purchased a home in 2014, the house was built in 1995. The inspection report said the home plumbing was CPVC. Recently I had a plumber come out and he said I have polybutylene from the outside main, coming up the center of my slab into the house...

    David’s Answer

    There was a blue poly suit but I believe its over. As to what the inspector found or did not find, I am sure there were a bunch of limitations on what he can report about, certainly not hidden items like underground plumbing. Also, most inspectors state that even if they make a mistake, and I am not sure that he did, his liability is limited to a refund of the price of the report. I would look at the disclosure statement from the sellers when you bought the house and see how they identified the plumbing and maybe they knew they had blue poly and lied and you might have a case against the sellers for fraud

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  • Can I sue and and get my money back because the motor is bad

    I bought a Chevy 5.3 motor of Craigslist form a guy clam that the motor was a good motor and in the posting he side money back Guaranteed if the motor don't work he was ask a 1000 dollars cash but I ask if he would take 750 for he sid yes and he ...

    David’s Answer

    • Selected as best answer

    If he guaranteed the motor and you can show it and prove it did not work, then you should be entitled to get your money back. If he refuses, sue him in small claims court

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  • Can I take them to court and sue?

    My son used a very popular bus company to go off to college while in route there was a mechanical failure on the original bus and the passengers had to switch buses. Unfortunately my son along with several other passengers luggage was left on the...

    David’s Answer

    These amounts are governed by the terms of the ticket so you have to see what the liability limit is per the ticket. Check homeowners insurance to see if that may cover your loss.

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