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Nishan Parlakian
Nishan Parlakian,
Category: Real Estate Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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Have a commercial lease in NV. Landlord has delivered a 5

Customer Question

Have a commercial lease in NV. Landlord has delivered a 5 day notice to pay or quit.
They have given us until 5pm on Monday to pay the arrears (19 days late). I have asked then if we can have until Wednesday. They said no but if we paid before the constable lockout then that was okay. Now the questions
1. They did not put the correct Name on the Notice. They put Laser Med Solutions, Inc.
The correct name of the corporation is Lasermed Solutions LV, Inc. Is this material?
2. If we file a Response to an Eviction Notice (by noon Monday), how much time does that
buy us until the hearing?
3. There were some extra charges on the the invoice for August rent. They were not expected and therefore our rent was substantially higher than usual.
4. We had a breakin this month. It is apparent that the culprit likely gained access thru
the mail slot which is positioned very close to the front door lock. We have brought this to their attention but they have failed to remedy.
Thank you for your response.
Doug Slamko
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Nishan Parlakian replied 3 months ago.

Hi Doug, it is really hard being in business these days but small businesses are turning out to be the backbone of the economy. First as far as the eviction goes, if it were me, I would go to court on Monday and ask a judge to grant me a stay of eviction for 30 days. In your request you would say that there is no prejudice or harm to the landlord because you intend to pay within 10 days, that the rent was unexpectedly more and you are trying to determine if the increase was within the rental agreement and that if the judge agrees, the eviction should be dismissed because it was not made out in the corporate name. Also point out to the judge that the landlord has not yet corrected an issue with the door that resulted in a break in to the rental premises that you notified them about and are trying to determine if it is actionable as the landlord's breach of the lease. It would be great if you had a police report. You sound respectful and obviously be calm and matter of fact with the judge. He does not want you to be evicted if the payment delay is short. If you have any addtitional questions please let me know. Sean

Customer: replied 3 months ago.
Hello Sean,Yes business is tough...unfortunately it is my own fault why we are in this mess. My business was being run by
my daughter and son and law. Unfortunately they were in business for themselves. They offered discounts to patients
that came in and paid cash. They then altered the files and records to make it look like the patient had paid. This went on
for 14 months. I can prove over $100k taken but the real figure will probably be never known. The real sad part is that I put
everything I had into the business trying to keep it going over that 14 month period. I never for one second believed that my
own daughter would do that to me.At any rate, the Monday noon is just to file the response. I am not sure how many days later the actual hearing takes place.
It is Las Vegas Justice court. Do you have any idea on the time frame?
Customer: replied 3 months ago.
One other issue. I had another clinic in Scottsdale AZ that I sold in December 2015. It is the same
Landlord as Las Vegas. The lease was assigned to the new owner....he messed up terribly and the business
closed a few weeks ago. The landlord is now mad at me because of this. He has sent a threatening letter
because with the assignment, my corporation (has no assets), was not released. The new owner purchased all
of the assets. There is no personal guarantee on either of the leases
Expert:  Nishan Parlakian replied 3 months ago.

Doug, as far as the eviction, I can see it seems like he looking to not work with you because of the other issue. As someone who is looking at it from your side, that's his problem. These things happen in the commercial real estate world. But really one thing has nothing to do with the other. YOu helped to mitigate the AZ issue. I this matter all you are asking for is a few days accommodation to pay the rent. If he happens to appear and argues that to the judge-that's exactly what you say. What does that have to do with this your honor?