Skip to main content
Andrew A Esposito

Andrew Esposito’s Answers

472 total


  • I want to close a business I acquired 6 months ago, but have tax liabilities that I can't pay. How can I do this?

    The prior owner of the business did not disclose to me about $50K in tax liabilities as well as other debt the company owed. Now the company is being sued along with me personally as the owner and I have no way to pay all of this. I want to close ...

    Andrew’s Answer

    Unfortunately, it doesn't seem like you have too many options besides talking with attorney. Do you best to meet with a few attorneys and see if any of them will take a reduced retainer up front and maybe monthly payments. Regardless, you need to find an attorney because if you are being sued the worst thing you can do is nothing.

    See question 
  • I am a small contractor that is being taken advantage by a large contractor, they continue torun fees that are hard to keep up.

    they have breached the contract and trying to turn it on me. Did not pay. Changed scope of work. Lied.

    Andrew’s Answer

    I don't see a question, but your best bet is to gather any agreements you have with the contractor and sit down with an attorney to discuss your options.

    See question 
  • Eviction Notice

    Is there anyway to stay at a place that you got a eviction notice at like if you don't have any money and you proved it could you stay there after the eviction notice? And if they did let you stay and have you another month is there anyway a pers...

    Andrew’s Answer

    No. You landlord is not obligated to allow you to stay in the property for free. There are programs for housing for individuals who can't afford rents. I would visit your local metropolitan housing authority and see if there is anything available and what the criteria are to enter into one of the housing programs.

    See question 
  • Is it legal for an apartment complex to force me to find a new tenant to take my lease in order for me to cancel the lease?

    I'm not sure what the contracted I signed said in it but I read that "Stern v. Taft, 361 N.E.2d 279 (Ct. App. 1976)" has something about the landlord having to find a new tenant. Thanks to whoever replies

    Andrew’s Answer

    A landlord has an obligation to mitigate damages. So if you leave your lease 6 months early the landlord has to take reasonable steps to bring in a new tenant. The amount of time the apartment is vacant is what you would be liable for.

    The best way to reduce the amount you are liable for is to find a sublessee that is acceptable to the landlord to lease the apartment. The case you cited involved a potential sublessee that the tenant found and the landlord unreasonably refused to lease the apartment to the sublessee. This was a violation of the landlords duty to mitigate.

    See question 
  • My uncle got ripped off by a mad who said he'd fix his mobile home.

    This man took check after check but eventually got them kicked out of the place because he had absolutely no idea what he was doing. The problem is they have little to no evidence (no written contract). Is there anything they can do about it to ge...

    Andrew’s Answer

    You uncle may have options. You do not need a written contract to pursue a claim. Also, since your Uncle wrote checks there is going to be evidence that he did pay this man a specific amount of money. The real challenge is going to be figuring out what the man was actually hired to do and did he perform the work in a workmanlike manner.

    I would definitely discuss the matter with an attorney. If you have any additional questions, please don't hesitate to contact me.

    Best of Luck,

    Andrew A. Esposito
    aesposito@westervillelaw.com

    See question 
  • My neighbor wants me to cut down my tree hanging over the property line towards his property. My expense or his?

    My neighbor thinks I should take down the tree since the trunk is on my property. I told him he could trim as many branches as he wants, or even cut down the whole tree at HIS expense. Who's financial burden is this?

    Andrew’s Answer

    You do not have cut down a health tree. You neighbor is free to trim the limbs that extend across the property line at his own expense. If he wants the entire tree down, I think it is very reasonable for you to tell him that you are willing to let him take the tree down, but he has to pay for it.

    See question 
  • Do I need a lawyer

    My daughter's father has paid a total of 200 and she 13 months old and he is court ordered to pay 433 a month and I'm sick of him bragging about how much money he makes when I struggle to pay for diapers because he don't help at all and child sup...

    Andrew’s Answer

    Yes, you should retain an attorney and take the necessary steps to receive child support from the father. If child support has been ordered from the Court already it may be as simple as notifying you local Child Support Enforcement Agency.

    See question 
  • I didn't pay my rent and I'm being evicted..I just received a letter saying I have to leave the residence in 3 days..

    It's my first notice..how long am I aloud to stay until I have to leave for good...I have a 2 year old living with me..thank you

    Andrew’s Answer

    Each county in Ohio will have slightly different timing procedure for the eviction process. Generally, the entire process from start (posting the three-day notice) to finish (court ordering the eviction and receiving a "red tag" notice on your door) can takes approximately 5 weeks give or take if there are no delays.

    If the eviction is for a valid reason, you should consider relocating before an official court action takes place or see if you can work something out with your landlord. An eviction on your record will have a negative impact on you ability to new place to reside.

    See question 
  • I was waiting in the car when a friend of mine try to walk out Walmart with a bunch of items an they came an got me from the

    Car and said I was involved now I'm being charged with theft

    Andrew’s Answer

    You need to retain a criminal defense attorney and don't post or talk with anyone but your attorney regarding the incident.

    See question 
  • Can action be taken against a former employer for paying another more with less experience than you have?

    I worked for a large law firm as a legal assistant. I found out that another employee was being paid more than me and had much less experience than I had. Plus, I also helped out in our bookkeeping department along with my other duties. I carri...

    Andrew’s Answer

    If you are being discriminated against based on a protected class (age, gender, race, etc.) then taking action against your employer is appropriate. You need to sit down with an attorney and go into all of the facts to determine if there is a actionable claim. These consults are usually free and will be worth the time.

    See question