What is a commercial tenant’s recourse if they have been unable to re-open their business months after a fire?

I’m a tenant who was put out of a commercial property due to a fire. It is a mixed use building, with retail shops on the bottom and apartments up above. There was a fire on the third floor. The water and smoke damaged my unit. It has been 2 1/2 months and no work has been done. The landlord and the insurance company have been fighting and gong back and forth. No work is being done, no one is calling me back and I am losing income every day. What recourse do I have?

Asked on August 31, 2011 Massachusetts


Stan Helinski / McKinley Law Group

Answered 9 years ago | Contributor

I would open my own claim through the landlord's insurer and negotiate with them directly, since you have your own losses.  I would have to read the lease to understand your options, specifically.  

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