Skip to main content
David Brian Weinberg

David Weinberg’s Answers

8 total

  • Should i move out if my rental home is in foreclosure

    ive been paying rent and was looking to buy this home but i've been getting letters in the mail that the owner still owes on the property. what should i do?

    David’s Answer

    There are a lot of unknown variables here. But, if you can qualify for a loan, and the house is for sale, you should be able to buy it. If it is in foreclosure, then you have to bid for it on the Courthouse steps like everyone else. Contact the lender or the attorney handling the foreclosure and get the details of the sale - date, time, location, outstanding mortgage balance. If the house has not actually been advertised for foreclosure sale, then the owner can sell it to you, and the lender may even agree to a short sale if the owner is behind on payments.

    I do not think you necessarily need a lawyer to help you, but there are some complicated issues that a lawyer or experienced real estate agent (with short sale experience) can help you with.

    By the way, most homes are sold when the owners still owe on the house. The buyer usually gets a loan that pays off the seller's loan.

    See question 
  • I have a gas station & grocery store in Atlanta. My company abc inc has a lease with landlord. he is not transferring the lease

    to my new buyer.I need to sell asap.. landlord is very slow in responding ...lost 3 buyers so far...Common friends tell me landlord wants me to leave so he can get store for no goodwill. Q 1) can I sell the buyer shares of my Co. stock thereby ...

    David’s Answer

    You have been asking questions related to this matter for months now. I'm surprised you haven't taken anyone's advice and retained an attorney.

    Transferring the stock doesn't necessarily solve your problem depending on what the lease says. In fact, it could make your problems worse.

    I have handled cases like this for almost 6 years working with a partner at my firm who has handled cases like this for 20+ years. We would require a retainer and bill on an hourly basis to resolve the dispute.

    I sense that you are reluctant to hire an attorney given the amount of time you have been asking essentially the same question on AVVO without making any progress or retaining an attorney. Often I find that clients delay hiring an attorney because of the perception that an attorney is going to be expensive. Often this delay actually ends up costing the client more because the legal mess requires more time to clean up because of the delay. Think of it as a small leak growing bigger over time.

    One of the worst things clients can do is to delay meeting with an attorney. Often, a simple phone call to an attorney as soon as an issue arises will save money in the long run.

    I hope you can work this problem out, but I think you are going to need to retain an attorney to guide you through several legal issues. There have been several well qualified attorneys responding to your posts. Find one you like and call them.

    See question 
  • What steps do I take to file a breach of contract suit against a party promoter?

    The contract explicitly says that if for any reason the event gets cancelled that I would receive a full refund of my $15,000.The promoter cancelled the event, is now dodging my calls, refusing the return of my money.

    David’s Answer

    Sounds like you probably have a worthwhile case. Let an attorney take a look at the contract and discuss the facts regarding the cancelled event. There are many attorneys that will be happy to help you. Most of my practice involves litigating issues just like this arising out of business deals. While this looks like a breach of contract case, often there are statutory violations which may entitle you to more damages than just a refund of your money. Before you rush into magistrate court, contact an attorney.

    See question 
  • Does filing a lawsuit in a specific court means that is where the case will be heard as related to pretext and pretext plus?

    In the course of my research I realized that during the burden shifting analysis when a plaintiff is able to discredit all or parts of the employer legitimate non discriminatory reasons for which the adverse employment action was taken he/she is e...

    David’s Answer

    • Selected as best answer

    Looks like you are doing some forum/venue shopping. In general, a case will be heard in the Court in which you file it. However, if you pick an inappropriate venue, the Defendant/Employer will likely move to transfer to an appropriate venue. There are several variables, especially in the employer/employee context, to consider when selecting an appropriate forum. I am not commenting on your interpretation of the law regarding pretext and pretext-plus jurisdictions or whether one is more advantageous to you. I'm merely suggesting that you may not be able to sue the defendant in the one you want unless you can satisfy: Personal Jurisdiction, Subject matter Jurisdiction, and Venue requirements.

    See question 
  • Transfer of Lease(Commercial Gas station ) LL is not responding to my Buyers offer? what do i do?? very frustrated tenant?

    I am in year 8. i still have 2 more extensions on my lease. I listed my business for sale -getting offers but LL does not respond, i have tried calling, email and personally meeting him. My landlord has not said anything to me, but amongst mutua...

    David’s Answer

    You have received short answers to your questions. To the extent your lease is lawful it governs the relationship between you and the landlord. If either of you don't follow the lease, you may be in breach, and subject to a lawsuit.

    I would agree that the landlord typically cannot terminate your lease in 2014 unless there is a contractual basis to do so, i.e. you are in breach, or other landlord termination right. You need an attorney to review your lease to give you a definitive answer.

    You can always sue your landlord, but without reviewing your lease and the facts, it will be difficult for any lawyer to tell you whether the landlord has satisfied his obligation to respond to requests to assign or sublet. The landlord typically cannot withhold approval without a good reason. You need a lawyer to help you determine whether your landlord is unreasonably withholding approval for an assignment.

    Unless the lease says otherwise, you should not stop paying rent, or you will be in breach of the lease.

    In my practice, we often find landlords who have a change of heart and want to scare off commercial tenants despite a long-term lease. In those cases, we use aggressive tactics to assert our clients' rights and resolve these commercial lease disputes,, usually without filing a law suit. I cannot stress to you enough how important it will be to have a lawyer assisting you with this matter. Without one, it appears your landlord is not going to be cooperative, and will likely try to kick you out of the premises before the lease terminates.

    This email does not establish an attorney-client relationship. Unless and until formally retained by agreement, there is no attorney-client relationship between me and you. If you would like to retain me and my firm, please contact me. Otherwise, I strongly suggest you retain alternate counsel to help you resolve this matter.

    See question 
  • Can a landlord of a gas station not renew my tenant lease (5+5) even though I have the right to renew option in my contract??

    have a biz lease of 5+ option for 5 years. I am in year 4. landlord says he will not allow me to renew lease in a year. He wants to kick me out and put his relative in my store. Can he do that even though I have a right to exercise option in my ...

    David’s Answer

    Without more facts, I cannot answer your question. The answer likely depends on the language in the contract, whether you are in default or will be in default at the time you seek to exercise your option, whether you followed the proper procedures to exercise your option, etc. You usually have to exercise an option to renew in writing, mailed to a specific address, and within so many days before the end of the lease term. For example, many leases require a 6 month notice to renew. I routinely handle lease disputes, and I think you should speak with an attorney today so you do not lose any rights by the mere passage of time.

    See question 
  • Can they do that? What options do I have? What can I do to get this amount lowered?

    My mom lease an apartment for me, however I was evicted. I was evicted for none payment. The total amount of rent that was due with fees were approximately $2000.00. After I left the apartment someone vandalized the apartment.Now the apartment com...

    David’s Answer

    The problem I see with your case is that it is not clear who was in legal possession of the apartment at the time of the vandalism. There are not enough facts in your question to make a decent guess about that. However, you say you were evicted, which to a lawyer means that the landlord went to court and the Court issued a writ of possession to the landlord. Then, the landlord had you put out of the apartment and/or you voluntarily surrendered the apartment to the landlord. The key is whether the landlord was in possession at the time of the vandalism.

    Unless you are the vandal, you are not responsible for vandalism occurring after a court issues a writ of possession to the landlord AND you have been removed (evicted) or you voluntarily surrendered the property to the landlord.

    In any event, in general, they can't garnish your mother's check unless they sue her for the vandalism first and get a judgment in a court of law against her.

    Your options: Pay the $5000.00 or fight the landlord if the landlord was in possession of the property at the time of the vandalism.

    You should retain an attorney to gather detailed facts, and determine whether you/your mom are responsible for the vandalism. Your attorney can then help you determine whether to pay the landlord or tell the landlord to go away.

    See question 
  • When is the BEST time to file a motion for a summary judgment against the defendant in my case??

    The defendant is basing their case on viewing a video that supposedly disputes my reason for filing...basically saying what the plaintiff (me) says happened, never happened. Yet, they (defendant) haven't used that information against me in any way...

    David’s Answer

    In general, conduct your discovery and then file a motion for summary judgment after all discovery is complete. During discovery, you will be able to ask the defendant for all the evidence he thinks supports his defense, including a video, if one exists. You should use a Request for Production of Documents to get a video, documents, or other tangible evidence. If defendant doesn't produce a copy, then he can't use it in evidence against you, so there is no need to ask the judge to compel them to produce the video. Also, you need to use discovery to build your case - gather the evidence you need to prove your case. You also need to make sure that any evidence you intend to use is properly authenticated and admissible, not hearsay without an exception to that rule, etc. Discovery rules and procedure can be very tricky, and you have asked a very general question. Given your demonstrated level of understanding about the legal process, I highly recommend you consult with an attorney without delay. This communication is not intended to and shall not establish an attorney-client relationship.

    See question