QUESTION
I have 3 years remaining on the lease for my business which is a sleep lab in Las Vegas NV. The business is a corporation. However when I signed the lease the landlord required that I be a guarantor of this lease. Due to the economy, health reasons and verbal commitment from my medical director which did hold told true I find that I cannot make my lease payments
Asked on Oct 26th, 2012 on Commercial Litigation - Nevada
More details to this question:
I have been working with the management company regarding this matter and was informed that they would call and give me a 24 hour notice before locking me out. Which was not done. I have tried to sell the businesses but have been unable to do so. The management company had given me the names of people to call to see if they would like the unit and possible want to purchase the equipment furniture and supplies that I have in the unit. Which I had done I however none of them wanted the unit. I informed the management company of all that was going on so they would know that I have been trying to correct this matter. The management company had asked if they could show the unit of which I had agreed to. They had requested that I send them 2 years tax returns and personal bank statements which I did. I do not denied the fact that I am behind on my lease I have asked them for a possible reconsideration on the lease. I was told that they would let me know of which I have not heard anything back. I was given a 5 day notice of which I received on the 4th day after it was written. At that time I was already talking to them about what could be done. I called the management company and again was told that they would check with the landlord as to what could be worked out. Again I was told not to worry that they would call me before they do anything. I found out today Oct 26, 2012 that I am locked out and all the companies' equipment, furniture and supplies are in the unit. I do not know what I can do at this point. I do not live in the same state. I have called the management company today but I am not receiving a call back. I would like to know it there is anything I can do
1 ANSWER
R. Christopher Reade
Your question seems to indicate that you received a 5 Day Pay or Quit Notice and then did nothing to Answer with the appropriate Court. As far as legal options, you have not presented any grounds for regaining possession of the Subject Premises based on the facts as written, insofar as you admit that you are behind on your payments of rent.
However, merely because you were locked out of possession of the Subject Premises does not change the fact that you have a right to all of your personal property in the Subject Premises. You can file a Motion with the evicting Court for release of personal property if the Landlord will not allow you access to the premises. Make sure that you do not allow 30 days to elapse after the lockout or else the Landlord may claim abandonment of the Property.
Answered on Oct 29th, 2012 at 12:51 PM