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David Merbaum’s Answers

468 total


  • What do I do

    I bought a Mercedes e320 four months ago when I got it the break light was on, I asked about and was told they would fix it, they haven't fixed it now something new is happening to the car I told them about the error code they keep giving me the r...

    David’s Answer

    Used car, new car... was there any warrany provided. Did you get anything in writing that they would fix the brake light. Go directly into the dealer in person and see the manager, as opposed to calling or writing. If they refuse then you need to see what they agreed to do and whether there is a warranty. An attorney might be able to assist at that time.

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  • Can I leave this apartment due to noise with a 30 day notice w/o owing rent for the remainder of my 12 month lease?

    Hi. I have a man living above me who is a disc jokey. I moved in to the apartment below his on January 8, 2016. The day I moved in, I went upstairs and told him that his music ( club, rave, house, calypso, hip-hop) was vibrating my floor. I think...

    David’s Answer

    Would want an attorney to review the lease, but the Landlord is obligated to provide quiet enjoyment, which it appears it is not. So I would tell the Landlord that he is in breach of the lease and see if he is willing to allow you to leave and just mutually terminate the lease. It is possible that if you complain the landlord will evict the other guy so until you provide notice and complain, I am not sure you can just leave yet.

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  • Can I cancel the check and contact another plumber to Bring it up to code ? i don't trust these guys!

    I contacted a major plumbing from and had a licensed plumber yesterday install a hot water heater , after looking at the hot water heater taking pictures and sending them to the plumber complaining that it was done incorrectly, they finally agr...

    David’s Answer

    Did they say they would not fix it? Before you stop payment, see if they intend to honor their work. If they are a major plumbing outfit I would not see why they would not do so.

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  • Landlord won judgement..Tenant 2 move 7 days . Writ of possession issued.Tenant moved out, left keys. Am I done or does sheriff

    Landlord won judgement..Tenant 2 move out 7 days . Writ of possession issued.Tenant moved out in 6 , left keys and garage door opener and moved everything out of house except broken desk in garage. . Am I done or does sheriff have to come out. An...

    David’s Answer

    It would appear that the tenant has abandoned the premises, but you never know. If you want to be 100% safe call the sheriff, tell them the place is empty and come and execute the writ. Its your call, just dont want tenant to come back and say they had not left yet.

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  • Can I take it to small claims court to request to reimburse? If so, for what?

    My manual won't go into gear so I towed to a small shop near my house and explained the issue. I would cost me $1500. For almost two weeks I checked daily on the status. My rotors had accidentally been thrown and every day he had a new issue. The...

    David’s Answer

    You can take anyone to small claims court. the issue is proof. You have to show the condition of the car when you brought it in, the work that was performed and proof that what they did was not done right. You will most likely need to subpoena a mechanic as an expert. If the money is small, and the car is now OK, you may just want to move on. You are going to have a filing fee with the court, will lose several hours in court and if the mechanic loses, he can file an appeal. Take your lumps and move on

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  • Does my landlord have the right to evict me after refusing to take the rent??

    My landlord refused my rent and filed an filed for an eviction. I have video proof that she refused my rent. I'm in the process of looking for another place.

    David’s Answer

    if you can show that the L refused the rent that that should be a defense to a dispossessory.

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  • Does the owner have the right to show the house before your lease is up & if so, without notice?

    This is my good friend's daughter calling me for help. They've rented this house for several years but was told in Nov or Dec 2015 that they had to be out by March 15th because owner was going to sell the house. Today, without any notice, while ...

    David’s Answer

    If the lease allows the landlord to show the house prior to the expiration of the lease usually it says that they landlord has to provide reasonable notice to do so. Also, you say that the L told the T to leave by March 15, but if the lease is not up, they do not have this right unless somehow the lease says that they can terminate early in the event of a sale. If you have any questions about what the L can and cannot do, have a good LT attorney review the lease

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  • Can I withhold from paying the rent, since my phone calls about issues around the house are being ignored?

    I rent a townhouse from my landlord of 6 years. Rent is $650 every month. I believe as my landlord, he should fix certain things that go wrong in my home. He comes and checks things out. but that is all. Nothing is fixed after he leaves. Such as t...

    David’s Answer

    No tenant is allowed to withhold rent even if the Landlord is not complying with his obligation as a landlord. There are some things that landlord must fix and cannot pass that obligation on to the tenant so an attorney would have to review the lease to see if that is legal. However, under all circumstances a landlord is obligations to repair the heat. If the L refuses to do that and you have provided a reasonable opportunity for him to do so, you can fix yourself and tender the receipt as part of the rent... this is called repair and deduct or you can sue the landlord for breach of the lease. I would send one final letter to the L to make the repairs and tell him if he does not you will exercise your right to repair and deduct. If you need guidance to make sure you are doing this right, see a good experienced landlord tenant attorney.

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  • What can we do?

    I have entered a lease with Home Partners of America. They buy the house that we choose, and lease the house until we can buy it. The inspection noted mold in the house. They were suppose to take care of it. We moved into this house June 22nd....

    David’s Answer

    Mold is very prevalent right now for whatever reason. If the L will not take care of the issue, then send them a letter demanding that they test the mold and remove it and if they fail to do so, they will be in breach of the lease and you will seek your damages from them. I would get someone to test the mold if the L will not do it to see what conditions you are living in. You do not have the right to stop rent, but you can do repair and deduct or sue for their failure to provide a tenantible property. A good demand letter from an attorney might get this L to do what they need to do. By the way, not sure I would buy this house until and unless I knew the cause of the moisture and mold and confirm its totally remediated.

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