Skip to main content
Andrew A Esposito

Andrew Esposito’s Answers

512 total


  • Will my father be forced to pay $3000 or go to jail if he has offered to return property asked by previous landlord?

    My father recently moved from a home. We rented the home for 4 years. My parents divorced and my dad had to move due to how high bills were. The original landlord sold the home and the home now has new landlords. Due to some mishaps and miscommuni...

    Andrew’s Answer

    Listen to Attorney Bauer. The idea that a police detective is out there attempting to negotiate/collect a debt between a landlord and a tenant doesn't pass the smell test. Your father needs to lawyer up and have them get to the bottom of this. I would not give anyone any money without being represented by your own attorney!

    See question 
  • How do I file a civil contempt charge for failure to pay spousal support?

    In case of of needing to file a civil contempt charge. My divorce was finalized on February 11th. Since there is no garnishment of wages for the spousal support and I have to depend on him to make the payments directly to me, the judge said that t...

    Andrew’s Answer

    You may be able to do it yourself. However, I would strongly recommend consulting an attorney. Frequently, contempt actions, when granted, come with attorneys fees. This means that you may be able to retain an attorney at no cost to you.

    See question 
  • Can my employer refuse to pay me in accordance with my employment contract?

    I work as a nurse. Our organization pays for on-call shifts in two distinct matters. For times where we are on call, but not actually called in, we are paid a minimal hourly rate. However, in the event we are called in, we are supposed to be paid ...

    Andrew’s Answer

    I am going to go out on a limb and assume that you are talking about a labor contract. While it is a contract, labor agreements are a completely separate animal than a typical employment contract. They are governed by O.R.C. 4117 and entire slew of other civil service laws contained in the Revised Code. You also will likely have arbitration and potential review by the S.E.R.B.

    If all of my assumptions are true, you should contact your Union rep and follow the procedure set forth in your Collective Bargaining Agreement to address contract issues. If the Union fails to file a grievance you should seek a private attorney to potentially bring suit against your Union for failure to fairly represent. Something important you have to realize is that the Union owns the grievance process, not the employee and it is the Union's responsibility to bring action.

    See question 
  • My boyfriend and I received a 3day notice to move on our door. Is this the beginning of an eviction and how long b4 have to mov

    My boyfriend and I are renters in a house that's been forclosed upon. An investor bought the house and immediately issued us a 3day notice even tho we have a lease with the previous owner. He does not intend to live in the home. Is this the begi...

    Andrew’s Answer

    There are some specific rights tenants have in a foreclosure situation. You can read some FAQs provided by the Ohio Bar Association - https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Is-Your-Landlord-in-Foreclosure.aspx.

    As a practical matter, the three day notice is a required prerequisite to starting the eviction process. If you have a lease and have been continuing to pay rent it is likely that the new owner will not be able to evict. However, if you haven't been paying rent, the new owner will be able to evict you as long as they follow the proper steps. The time frame from three-day notice to actually being evicted usually takes between 14-28 days depending on a few variables.

    See question 
  • My landlord is holding my deposit for smoke damage. My lease states nothing about smoke damage. Can they do that?

    My lease says nothing about smoke damage. My landlord states that they are holding my deposit for painting and lost rent because the tenants had to move out for a week and move back in.

    Andrew’s Answer

    You need to have your lease reviewed. If your landlord has wrongfully withheld your deposit you are entitled to double the amount wrongfully withheld and attorneys fees.

    If you have any questions, don't hesitate to ask.

    Andrew A. Esposito, Esq.
    aesposito@westervillelaw.com

    See question 
  • Can you sue for property that value at more then $10,000 in small claim court

    I recently was convicted of domestic violence, the case is over and I'm on probation, but my ex girlfriend want let me get my stuff and personal belongings out of the house and the judge said I would need to go to court for the items, I have recei...

    Andrew’s Answer

    The monetary limit in small claims court is actually $3,000. You could sue in the regular division of the municipal court or common pleas court. I would think a more prudent avenue would be going to the police to see if there is some way they can assist you before bringing a court action.

    See question 
  • What are all the forms I need to file to file contempt on my husband?

    Husband has refused mid week phone calls with minor children. And has withheld them against courts order for visitation

    Andrew’s Answer

    If you had an attorney help you with the divorce, contact that attorney to assist you with the contempt action. Some County's have forms on their websites that are available, others do not and may not have form at all. Contempt actions often come with attorneys fees, so it would be worth a consult with an attorney before attempting to go forward on your own.

    See question 
  • I am just starting the process of helping my parents whether my Mom needs to become POA of my Dad he has Dementia

    we also need advice on living wills and how many different POA's is needed

    Andrew’s Answer

    You should sit down with an estate planning or probate attorney. They will be able to assist your father and the rest of your family on what documents (POA, living Will, Will, etc.) should be considered going forward. Depending on the degree of dementia it may be advisable to pursue a guardianship.

    See question 
  • Hello, I am a resident of Dublin, OHIO. My apartment lease expired on 31-May-2015. And from then on I am on month-month rent.

    Unfortunately, I have to return to my home country & I informed my landlord on 29-Sep-2015 that I will be vacating on 31-Oct-2015 which is more than 30 days of advance notice. But still my landlord insists on me paying the rent during November & s...

    Andrew’s Answer

    Typically, if you are a month-to-month tenant you are only required to give 30 days notice. You may have terms in your lease agreement that extend that period even though you are now month-to-month.

    An attorney would have to review your lease before giving you a 100% answer.

    See question