David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. Landloard refuse to give my deposit back

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Daliah Brill
    2 lawyer answers

    You should make a demand for it in writing and if you do not get it back, or at least an explanation as to why it has been retained, consider filing suit. You would need to know the basis of the landlords decision to retain the funds and also whether the landlord owns more that 10 units as that will effect your rights to recover. The landlord can retain the funds for past due rent. Unless you know why the landlord held the money, and depending on the amount, you want want to see an attorney or...

    2 lawyers agreed with this answer

  2. Have received a summons, bank note (lot) I cannot pay. I am supposed to admit i am in default

    Answered 6 months ago.

    1. David Jason Merbaum
    2. William Daniel Davis
    2 lawyer answers

    I agree with the other attorney, but you should get an attorney to help you. An attorney can review the note and the other documents and see if you have any legal defenses and if not at least try to negotiate a settlement for you.

    1 lawyer agreed with this answer

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  3. I signed a 1yr lease. I have 5mths remaining. Rents due one the 1st, I cant pay till the 20th. There threating eviction in 6dys

    Answered 8 months ago.

    1. David Jason Merbaum
    1 lawyer answer

    On a residential lease you have the defense of paying the rent that is due and any court fees and late fees (assuming they are enforceable) and its a total defense to the dispo if the dispo is based on non payment of rent. If they have not sued yet, you may want to tell them that even if they do file suit to evict you have a defense so why not take the money now and get this resolved. If they do sue, then file an answer and assert this defense but you need to be prepared to pay the money.

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  4. Hello, I live in Lithonia GA and the eviction process has already started for non payment of rent due to loss of job.

    Answered 9 months ago.

    1. David Jason Merbaum
    1 lawyer answer

    Georgia law is very clear and the judge has no discretion to give you any leeway. You defaulted by not paying rent and then failed to answer the complaint. unless you work out something with the landlord, you can be evicted any day now. Borrow money or try to convince your LL to give you a break

    1 lawyer agreed with this answer

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  5. Is a verbal notice to quit tenancy legal in the state of Georgia?

    Answered 9 months ago.

    1. David Jason Merbaum
    1 lawyer answer

    A verbal demand for possession is acceptable, but the reason most people do it in writing is for proof at court. However, the bigger issue is whether you have a landlord tenant relationship with the roommate. If your roommate is not on the lease, then maybe they are a subtenant. If your roommate is on the lease, you are co tenants. However, under the latter situation I am not sure a disposessory action will lie as you must have a landlord tenant relation to do a dispo.

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  6. What is the cut-off or deadline for filing a Motion to Dismiss a case on the grounds of improper service in Georgia?

    Answered 9 months ago.

    1. David Jason Merbaum
    1 lawyer answer

    Most defendants raise many affirmative defenses even if they do not have merit, just to make sure those defenses are preserved. If I understand your fact pattern there is a Puppies, Inc. and if that is who you served I think you are OK. Since you are still in the discovery phase, send them interrogatories and ask them for all facts so support each affirmative defense. When they answer, you will see for sure if there are facts and then you can correct the issues or if not, you should be good to go.

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  7. My house is currently under contract. I close in about 2 weeks. A neighbor just told me a tree on my property is dying.

    Answered 11 months ago.

    1. David Edward Oles
    2. Scott J. Klosinski
    3. David Jason Merbaum
    3 lawyer answers

    If you filled out a disclosure statement you may have an obligation to update it if you now have new information. However, the buyer also needs to do its own investigation of the new home and property and if the dead tree is obvious then there may not be an issue. However it sounds like a layman would not be able to see that the tree is dying. If you are concerned that the tree may fall on the house later or is an expensive tree or the new buyer may have an expense to remove it later that they...

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  8. My landlord is refusing to return my deposit to me.

    Answered about 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    If it is not returned, file suit in small claims court, under some circumstances you may get 3x the amount plus attorney fees. Here is the code section. Whether you get 3x damages depends on the facts § 44-7-35. Remedies for landlord's noncompliance with article (a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in...

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  9. What if my husband gave me a STD

    Answered over 1 year ago.

    1. Donald F. Hawbaker
    2. David Jason Merbaum
    3. Peggy Margaret Raddatz
    4. Glen Edward Ashman
    5. Jean O'Neil Supnick
    5 lawyer answers

    You might also have a case for negligence or battery. There have been other reported cases in other states where one spouse sued the other one for this exact claim. You should consider all of your legal claims, including divorce.

    1 lawyer agreed with this answer

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  10. I need to speak to a tenant landlord attorney.

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    put the landlord on written notice ASAP and call the local board of health. You are entitled to quiet enjoyment and certainly this fails in that regard. you could claim constructive eviction and most likely not have to pay any more rent or suffer any consequences. However, just to be safe, send the notice and call the board of health to create a record

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