Skip to main content
No photo

David Merbaum’s Answers

474 total


  • 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

    See question 
  • 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.

    See question 
  • 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

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • Why would my sole proprietorship business affect my husband's sole proprietor business?

    My husband and I are each starting our own business. We're going the sole proprietorship route for the first year since we're both starting from scratch but each carrying $1 million in product liability (my business is a gift shop. My husband's bu...

    David’s Answer

    As sole proprietors any liability will be personal so that is risking all of your personal assets and assets that you may own with your husband. The insurance companies may want to consider your and your husbands assets as they might all be at risk since you have chosen to operate as sole proprietors. It appears you are pretty well decided to go the sole proprietor route, but I would suggest you reconsider. There are some people that have multiple businesses and each one is in a separate LLC or INC.

    See question 
  • How can I defend Mechanic Lien that contractor made for his unfinished job?

    I had water damage on July 2015 and hired the general contractor. He performed poor job. He did not finish his job until Nov. 8, 2015. The main problem was that we did not have the contract signed between us because we had estimate from the Home I...

    David’s Answer

    First off, I would see a construction attorney. Secondly the lien claimant has to file suit within 365 days after the lien was filed or it will expire. A construction attorney will be able to review the contract, advise you of your rights and how to deal with the lien. Do not worry about the lien at this time, as that is one of several issues that you can discuss with the attorney.

    See question 
  • 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

    See question 
  • 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

    See question