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David Merbaum’s Answers

474 total


  • Can we be evicted for late fees only

    Can a landlord evict me due to 300dollar late fees

    David’s Answer

    If its in the lease and it considered part of the rent, the short answer is yes.

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  • Can the settlement be enforced if I have not signed the final agreement?

    I signed a mediation settlement but did not sign the formal copy yet. I am finding that I had an incompetent lawyer. I feel I was not represent well. In fact, I think he may be getting payed by my husband to not represent me well. I felt the medi...

    David’s Answer

    Short answer, I think you are bound by what you agreed to. There is no "incompetant lawyer" defense on a civil matter as far as I know. If you think the attorney somehow committed malpractice, that is a different issue

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  • What do I do now?

    My old apartment told my family & I we needed to move out or we would be evicted due to late payment. At the time my family was struggling because we had a baby & my husband was recovering from a work related injury & we were pretty much living of...

    David’s Answer

    No one can be removed from an apartment without a writ. If they kicked you out or threatened to do so but did not have the right it could potentially be wrongful eviction, even if you left voluntarily. I would see an attorney to make demand on the landlord and threaten damages for their actions.

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  • How do I go about hiring an attorney to sue the dealer that I bought the truck from? Nearly $15k Please Help!!

    I purchased a used truck from a wholesale dealer in October 2015. He initially offered the vehicle at $15,999 AS IS no warranty. After haggling with him, he agreed to provide me with a 3rd party warranty contract and reduced the price to $15,500. ...

    David’s Answer

    use the finda a lawyer tab to help you. You need to rescind the deal. Get an attorney to help you ASAP

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  • What are my rights as a tenant regarding mold and water damage not in my control?

    I have had a leak from up stairs in my apartment for over a year now. It happens weekly. My apartment complex only does temporary fixes. Abt a week ago they came and opened my ceiling and you can see mold and it constantly stays wet. The water is ...

    David’s Answer

    You must demand immediate action from the landlord. Document with letters and pictures. They need to call in a professional to fix the leak and then remediate the mold. If they refuse or drag their feet you can sue or can leave and claim constructive eviction, but first I would get a good LT attorney to send a demand and guide you along the way. Do not throw out any furniture etc as it may be evidence you will need.

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  • Can I sue ?

    I'm an 18 year old Student who attended a modeling school called johncasablance they promised in our contract to provide me with the tools the knowledge of the business I payed 72$ very Saturday for 6 months ! And I left there knowing the exact t...

    David’s Answer

    If you expected and they agreed to provide something for the money and you did not get it and can prove it, then yes you can sue. Write a demand first and if they do not refund the money consider small claims court.Also, social media is very powerful, so long as you are truthful

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  • What's the quickest and best way to get out of current house? Deed in lieu? Stop paying & let them foreclose, short sale?

    Bankruptcy discharged three years ago. House not reaffirmed. Have made on time payments to mortgage companies. First and second mortgage. Stopped paying second in Sept. 2015. Want to buy a new house. Names still on deed. We want to get away...

    David’s Answer

    A lot of questions but you need to figure some things out yourself. What is the house worth, what do you owe, is the bank (or both lenders) willing to do a short sale, what kind of shape is the house in, if you allow a foreclosure will you be able to get financing for a new house. Answer some of these yourself and then perhaps you should seen attorney or even a financial advisor.

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  • What Are The Proper Appeal Procedures To Follow (i.e paperwork) In Superior Court After Appealing A Magistrates Court Decision

    I lost a small dollar case in magistrates court as the defendant. I filed an appeal in Superior court. My question is, do I need to file a defense to the original case and or a brief to the Superior court or just show up with my defense? If I req...

    David’s Answer

    the case is heard over in total and the plaintiff cannot collect at this time since you appealed. the other attorney is right that these appeals move to the top of the line, however if you want discovery I would file a motion to ask for it. I really never understood why you lose the right to conduct discovery just because you were in magistrate court first. Its not supposed to be trial by ambush so if you need documents or need information, file the motion for discovery and explain clearly to the court why you want it and what you want. Good luck.

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  • What type of lawyer should we seek and do we have a possible case with this issue?

    i have concerns regarding the sewage drainage at the company i work for. Because the sewage drainage overflows and smells horrific, this is an inconvenient location; our housekeeping supplies and equipment are stored in the area also. Although we ...

    David’s Answer

    Your boss should complain to the landlord if it is leased property. Otherwise this is an issue between you and your boss and you should tell the owner of the company that the working conditions are not acceptable. I cannot imagine why the owner of the company would not want to fix the problem I really do not see the need for an attorney right now.

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  • What do you suggest? The property management complained about an expensive part that was replaced and still not working

    I been having issues with my heat for almost two months, my complex had two maintenance men a one outside professional that claim they fixed unit, I had no issue the first year I lived here but they won't compensate me for my suffering or stress. ...

    David’s Answer

    the landlord has the obligation to make repairs including to the HVAC, however you have no control over how cheap he wants to be. If it breaks again, then the landlord will learn the old adage penny wise and dollar foolish. As to your claims, unless somehow you did not get full use of the unit and can prove the diminished value of the unit, you really have not been damaged. if it still does not work and the L is not taking steps to fix it and you have given notice then you can exercise your right to repair and deduct or sue the landlord for breach of the lease for failure to repair...however avoiding litigation is always preferable

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