QUESTION

A drunk driver ran inside of my business. My insurance is not helpfull. Landlord does not want to open claim under their policey. I received a 5 days notice and the same time las suite from landlord. I am willing to pay the rent but they are adding lot of late fees and attorney cost. What should i do? Should i pay them? Can they sue at the same time of eviction?

Asked on Oct 07th, 2012 on Real Estate - Nevada
More details to this question:
A drunk driver ran inside of my business. My insurance is not helpfull. Landlord does not want to open claim under their policey. I received a 5 days notice and the same time las suite from landlord. I am willing to pay the rent but they are adding lot of late fees and attorney cost. What should i do? Should i pay them? Can they sue at the same time of eviction?
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1 ANSWER

R. Christopher Reade
Your predicament sounds terrible and has multiple facets.  The first issue is being able to keep your business operating.  Your Landlord has a right to rent.  You have indicated that you are willing to pay the rent to the Landlord but want the late fees deducted.  File an Answer within the 5 business day period after service of the 5 Day Pay or Quit and indicate your willingness to pay the rent. As far as suing the drunk driver, you certainly can do so with the caveat that if the drunk driver has substandard/no insurance that you may not be able to recover.  You should keep the dialog open with your insurer/agent and determine if you have business interruption coverage for your business.   As with many other legal issues, once you get into coverage questions, consultation with an attorney is probably in your best interest. 
Answered on Oct 08th, 2012 at 4:53 PM

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