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Andrew A Esposito

Andrew Esposito’s Answers

499 total


  • How to word the process to approve/deny changing set weekend visitation?

    I asked my husband for a set visitation schedule and he agreed to my suggestion of the 2nd weekend of every month. I wanted predictability, fewest overlaps with holidays and family events, minimal contact (we argue A LOT). He is"visiting" Vancouve...

    Andrew’s Answer

    If you have an attorney, then you should be listening to him. If you are not happy with your attorney and/or doubt his/her competency, then feel free to pursue other representation.

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  • Does a landlord have to be present, while a contractor makes repairs in a rental that could take several days?

    Plaster ceiling needs repairs in a room of a rental. Project could take several days. Contractor is bonded, insured and has workman's compensation. Does the landlord have to be present? I don't have vacation days and need to work.

    Andrew’s Answer

    A landlord does not have to be present while a contractor makes repairs.

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  • Is it law in Ohio that landlords be onsite while work is being done by a licensed and insured contractor? Tenants insist it is.

    Plaster ceiling needs to be repaired in rental property. Contractor will take about two to three days to repair. Tenants are insisting that landlord be present while work is being performed.

    Andrew’s Answer

    The landlord is not required to be present while work is being performed.

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  • How long does a landlord have to give a security deposit back?

    I moved out on June 22,2015, 35 days went by and I didn't hear anything from her. I texted her and asked if I was getting a deposit back. 3 days later, she said she had a concussion and would get back with me in a day a so, that was July 31,2015. ...

    Andrew’s Answer

    Assuming you gave a forwarding address, you are will be entitled to more than interest. The Ohio Landlord Tenant Act provides for double the amount wrongfully withheld AND attorneys fees. You should contact an attorney for a consult and assistance.

    If you have any further questions, please feel free to contact me.

    Andrew A. Esposito
    aesposito@westervillelaw.com

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  • DO I NEED AN ATTORNEY FOR A NON RETURN OF SECURITY DEPOSIT?

    I was a current resident as a housing assistance tenant and I provide the landlord a deposit of $850 and during the 2 month stay there issues occurred I was advise that I could move in even though that somethings did not pass inspection,moved in a...

    Andrew’s Answer

    Any hope of getting your security deposit will likely require an attorney. It is difficult to tell what exactly happened from the facts you provided. Regarding security deposits - your landlord has 30 days from the termination of your lease return your security deposit minus any lawful deductions with a itemized list of those deductions. The 30 days doesn't begin to toll if you never give your landlord a forwarding address.

    If you landlord fails to return the deposit, you are entitle to double the amount wrongfully withheld and attorneys fees. From the limited facts, it appears that you may have left the property prior to your lease expiring. If that is the case you should be prepared for the landlord to assert a counter claim against you for the rent due for the months the property was vacant.

    If you have any questions, please feel free to contact me.

    Andrew A. Esposito
    aesposito@westervillelaw.com

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  • Can rent a center have me arrested?

    I was on 90 days same as cash program for a 1300.00 item, I made 2 payments one for $156.00 and the other for $800.00. I owed one last payment of $175.00 but lost my job now they're threatening me with the police

    Andrew’s Answer

    I would suggest returning the property. Believe it or not the company is actually known for following through with its threats and filing a police report. Some of these have even resulted in criminal convictions. Why risk a criminal conviction?

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  • Need tenant lawyer.

    Landlord is taking me to court for breaking 1 year lease, trash removal ect.... I only agree to pay for two months since I gave him 30 day notice. He has not tried to regain his losses by me moving, he fixed and put up for sale instead.

    Andrew’s Answer

    You can search for land/lord tenant attorneys by using the "find a lawyer" tab on AVVO. The fact that you gave him 30 day notice doesn't negate the fact that you had a one year lease. The landlord does have a duty to mitigate damages and it will have to be determined if he met that obligation.

    If you have been officially sued you need to find a lawyer sooner rather than later so that a proper response can be submitted and to avoid default judgement.

    Good Luck,

    Andrew A. Esposito
    aespostio@westervillelaw.com

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  • I was in an employee/purchase agreement. Three months into it, I found that the Owner falsified and forged documents. Can I sue?

    I had resigned effective immediately and so did my sales staff after finding out that the number one source to generate business was falsified and forged. The Owner then is alleging that I am in breech of contract and is suing me. The contract is ...

    Andrew’s Answer

    If you are being sued you need to contact an attorney ASAP. You have time lines that you need to abide by or you risk losing by default. If you have allegations against the former owner they can be asserted through counterclaims.

    Unfortunately, from the facts you described this doesn't sound like the type of case that most attorney would take on a contingency. Maybe after the case is reviewed you could work out some sort of hybrid contingency agreement combined with a reduced hourly rate, but I would not hold out for finding an attorney to represent you on a pure contingency retainer.

    Feel free to contact me with any additional questions.

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  • What are my rights as a small town home owner who's house is being infested with roaches because of neighbor's house.

    Other people in my small town are being affected by this situation. My neighbor's house is where these roaches are coming from. As of now, there are three houses being affected by this problem. I have spent a lot of money on treating and preventin...

    Andrew’s Answer

    I think you and the other owners should explore a few different avenues. First, contact your Village officials and see if they have any ordinances regarding property upkeep (e.g. trash removal). If they do not, ask who you should contact at the County level. Second, I would band together with the three other property owners and retain a lawyer. You are most likely looking at a version of "private nuisance."

    A private nuisance is the wrongful invasion of the use and enjoyment of property. An action for damages due to a private qualified nuisance is premised on a defendant's negligence in allowing a dangerous or bothersome condition to exist. Depending on the facts (e.g. how long the condition has existed, can it be proven that the neighbor's property is the source, the defendants knowledge of the condition, etc.) there may be sufficient evidence to support the claim.

    It may be as easy has sending an attorney sending a letter to the property owner on behalf of the homeowner or you may have to take the matter to court.

    Feel free to contact me with any other questions.

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  • We have a commercial lease with the old owner, the new owner has not had us sign a new lease, can we get out of the lease?

    the lease is a 5 year lease in the llc. And all 3 partners has signed the lease , the llc. Is now only 2 partners, can we get out of the lease we are dissolving. The company as the partners cannot keep the business,

    Andrew’s Answer

    I think the more important question you will need answered is if the lease is enforceable against the remaining LLC partners individually, or solely against the LLC. There are a lot of situations where LLC members personally guarantee agreements and a lot of situations where they don't.

    If the LLC was formed properly and has been correctly and the lease doesn't have anything regarding personal liability then there is a good chance that the LLC can dissolve and breach the lease without any risk to your personal assets.

    You will want an attorney to look at your business formation documents as well as the lease agreement in order to give you an accurate assessment of your risk going forward.

    If you have any additional questions, please feel free to contact me.

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