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David Merbaum’s Answers

308 total


  • Do I need to refinance my home to protect it from my ex's debtors?

    My mortgage is currently in both our names as a co-borrowers; however, at the time we divorced my ex signed a quit claim deed relinquishing his right to the home. Currently, I am solely listed on the home's title. In order to protect my home fr...

    David’s Answer

    The title to the house is what matters so if its in your name only, it cannot be touched by someone that is not your creditor.

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  • This person has no lease, no keys, paid no rent, has been in jail for a month, do I need the courts to keep him off my property?

    He is currently in jail, his few personal bags are in my drive way inside a car acting as storage. He has been in my home for 60 days, been in jail for 30, he is my step-Son

    David’s Answer

    the only way that is legally correct is to do an eviction

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  • Do I have rights as a tenant to break my lease upon finding a rat infestation?

    On Monday, 1/19, I noticed pest droppings throughout my kitchen. I cleaned and sanitized all surfaces and was presented with the same issue the following day. At that time, I contacted my landlord to notify her of the problem. On Thursday, 1/22...

    David’s Answer

    You may have the right to cancel based on a failure to provide quiet enjoyment or constructive eviction. It is not easy to predict if you leave before the lease is up that a court would support your contentions that you had the right to leave. That being said, I would not want to live in these conditions and I think a landlord would be hard pressed to go in front of a judge, tell him that there was rat infestation and that you had to stay while be cleaned up the issue. I suspect he also know about this before you moved in and if that is the case and he did not tell you, that is fraud. See an attorney if you have any more questions

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  • My house burned down.

    I am living in a particular apartment in Atlanta. In one of the day last week I've got a fire accident on my apartment and that fire began in one of the unit on my block. The people that the fire were begins has insurance but they didn't claim yet...

    David’s Answer

    You should see an attorney to see what rights and claims you may have against the party that started the fire or even the apartment complex. I suggest you do not take any settlements or deals until you see an attorney.
    Also, make a list of everything you lost while its fresh in your mind.

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  • How to get the landlord to repair my roof once and for good and clean the mold?

    I am in a situation where I can't afford to move.But this old house has had leaks from the roof for as long as I have been here. Which has been almost ten years. My landlord will send her handy-man out to patch the roof. Now there is mold everywhe...

    David’s Answer

    The prior answer is on point. However, you said you cannot afford to move so then I suggest sending a certified or hand delivered letter to the landlord and tell him that he needs to do a mold test, fix the leak or you will call the board of health. While you may be stuck there for financial reasons, this is one way to pressure him to act.

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  • I am a pro se in a civil action case. What to do if the opposing attorney files motions and affidavits with the court without

    serving me a copy of the documents they filed? Can I file a motion so the court instructs them to comply with the serving requirement? What law are they violating?

    David’s Answer

    You are supposed to be served with all pleadings. Go to the court and find out what has been filed and then if there are motions that you were not aware of, file a motion for extension of time and file it and mail a copy to the judge with a cover letter (and copy the other side) and ask that the court enter an order giving you the time you need to answer. Make sure you do file some reply, just to be safe and then if you need to, file a supplemental answer.

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  • Do I need to file an answer if I have settled a medical debt in georgia?

    Sued by hospital, received answer. Settled with hospital requested dismissal with prejudice of the lawsuit and received signed agreement.. Do I need to contact the plaintiff's attorney to make sure that the dismissal is filed or can I file my a...

    David’s Answer

    File answer to be 100 percent safe and you can indicate in the answer the case is settled but also call and ask for the filed dismissal

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  • How do I begin a collections effort from owed rent from tenants?

    - Tenants already moved out of property (just before eviction served) on Sept 12th. They moved before lease ended (Sept 30th) without notice. - I had a judgment against them for the owed rent (split into 4 payments) they only made the 1st paymen...

    David’s Answer

    If you have a judgment you can do a garnishment or if you do not know where the debtor banks or works you can send post judgment discovery. If you are not sure what to do, call an attorney. the forms however are fairly simple if you want to try yourself. You need to know where your debtors are located however

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  • How can I sue my landlord?

    Moved in around the month of July 2013, after spending hours and over $5000 -with receipts- on upgrades to the home with the owners permission, not telling me that the property was going to be listed on the market only a few short months after fin...

    David’s Answer

    In order to get you out the landlord must file a dispossessory so you can wait for that and then file a counterclaim or you can sue the landlord now perhaps for fraud and other claims. At the very least if you are tenant at will, the landlord must give 60 days notice to cancel. Of course you still have to pay rent during the 60 days. I think you need to talk to an attorney

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  • Not getting proper help with apartment leak and mold issue in Atlanta?

    I am really trying to find direction on how to deal with this issue. The apartment that I am living in consistently leaks water in both the bathroom and in the closet. I previously had a large leak in the living room and a big mold spore in the ba...

    David’s Answer

    If after opportunities to have the landlord fix the issues you can fix the problem yourself and submit the receipts in lieu of rent. this is called repair and deduct. if after the payment of the repairs you still owe rent, you need to pay the difference. You can also sue the landlord and force them to fix the issues or if they are so bad, and it really has to be bad, you can claim constructive eviction and leave. However you need to talk to a Landlord tenant attorney first before doing anything.

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