Author: michelle

If I break my lease early, doesn’t my landlord have to find a new tenant? Or am I liable for the rest of the lease?

April 6, 2025   For the next few months in 2025, I am going to spend some time in these pages cross-promoting my very popular podcast, the Tenant Law Podcast - listen on Apple, Spotify, YouTube, or wherever there are awesome podcasts. This blog post expands on Tenant Law Podcast Episode 20.   Today we… Continue reading If I break my lease early, doesn’t my landlord have to find a new tenant? Or am I liable for the rest of the lease?

Can I lose my Rent Stabilized apartment because I was away caring for a sick relative?

March 2, 2025   For the next few months in 2025, I am going to spend some time in these pages cross-promoting my very popular podcast, the Tenant Law Podcast - listen on Apple, Spotify, YouTube, or wherever there are awesome podcasts. This blog post expands on Tenant Law Podcast Episode 19.   Today we… Continue reading Can I lose my Rent Stabilized apartment because I was away caring for a sick relative?

The Difference Between Subtenants and Roommates and Why it Matters

February 2, 2025   For the next few months in 2025, I am going to spend some time in these pages cross-promoting my very popular podcast, the Tenant Law Podcast - listen on Apple, Spotify, YouTube, or wherever there are awesome podcasts. This blog post expands on Tenant Law Podcast Episode 18.   First let’s… Continue reading The Difference Between Subtenants and Roommates and Why it Matters

When a Commercial Tenant’s Surrender Includes Selling the Landlord FFE (Furniture, Fixtures, Equipment)

January 6, 2025   When a commercial tenant surrenders a space to a commercial landlord, sometimes: (a) the landlord wants the tenant to leave certain personal property behind; and/or (b) the tenant does not want to take certain of its personal property with it. Such personal property is often referred to as “FFE” (furniture, fixtures,… Continue reading When a Commercial Tenant’s Surrender Includes Selling the Landlord FFE (Furniture, Fixtures, Equipment)

No Detrimental Reliance When There is a Merger Clause – Winning a Commercial Lease Guaranty Case on Appeal

September 3, 2024   I take pride in the fact that I am NOT at the Appellate Division every five minutes like some of my colleagues. The modern legal customer is paying for solutions to problems, not for protracted litigation. Nevertheless, sometimes you need to take something up to an appellate court to effectuate justice… Continue reading No Detrimental Reliance When There is a Merger Clause – Winning a Commercial Lease Guaranty Case on Appeal

When Brokers and Sellers Lie to You About the Substantial Rehabilitation Exception to Rent Stabilization – Rent Stabilization Due Diligence for Multifamily Buildings

August 15, 2024   A big part of my practice includes conducting Rent Stabilization Due Diligences for Multifamily Buildings. If I had one thin dime for every time a prospective purchaser told me that the seller or broker assured the prospective purchaser that a building was exempt from Rent Stabilization based on the Substantial Rehabilitation… Continue reading When Brokers and Sellers Lie to You About the Substantial Rehabilitation Exception to Rent Stabilization – Rent Stabilization Due Diligence for Multifamily Buildings

Bringing a Landlord-Tenant Case to a Satisfying Conclusion – Michelle Itkowitz Lawline Presentation (Excerpt – Making the Eviction Day Happen or Preventing the Eviction Day From Happening)

June 25, 2024 On April 19, 2024, Michelle Itkowitz taught a certified continuing legal education class for Lawline, entitled "Bringing a Landlord-Tenant Case to a Satisfying Conclusion". Below is an excerpt from the 45-page materials that accompany the program. First, here are the great reviews the program has garnered so far: "Michelle is a great… Continue reading Bringing a Landlord-Tenant Case to a Satisfying Conclusion – Michelle Itkowitz Lawline Presentation (Excerpt – Making the Eviction Day Happen or Preventing the Eviction Day From Happening)

Landlord-Tenant Litigation in the Courtroom – Michelle Itkowitz Lawline Presentation (Excerpt – Discovery)

May 20, 2024 On February 20, 2024, Michelle Itkowitz taught a certified continuing legal education class for Lawline, entitled "Landlord-Tenant Litigation in the Courtroom". Below is an excerpt from the 39-page materials that accompany the program. The program has so far received 172 reviews, with an average of 4.9 out of 5 stars. First, here… Continue reading Landlord-Tenant Litigation in the Courtroom – Michelle Itkowitz Lawline Presentation (Excerpt – Discovery)

Getting a Landlord-Tenant Case Started / Predicate Notices – Michelle Itkowitz Lawline Presentation (Excerpt – Who is the Owner?)

April 10, 2024 On January 19, 2024, Michelle Itkowitz taught a certified continuing legal education program for Lawline, entitled "Getting a Landlord-Tenant Case Started / Predicate Notices". Below is an excerpt from the 50-page materials that accompany the program. The program has received 253 ratings with an average score of 4.9 out of 5 stars.… Continue reading Getting a Landlord-Tenant Case Started / Predicate Notices – Michelle Itkowitz Lawline Presentation (Excerpt – Who is the Owner?)

The “F” Word – the NYS Legislature Takes a Stab at Defining “Fraud” in the Rent Stabilization Context, But in So Doing, Raises More Questions Than It Provides Answers

UPDATE: March 21, 2024 The aforementioned bill was signed into law on March 1, 2024. I am going to keep the original December 2023 article up online (directly below), however, because the contrast between the original law and the chapter amendment might be useful in future litigations. In any event, let us look at where… Continue reading The “F” Word – the NYS Legislature Takes a Stab at Defining “Fraud” in the Rent Stabilization Context, But in So Doing, Raises More Questions Than It Provides Answers

Anatomy of a Hairy Apartment Settlement Agreement

February 25, 2024   At this stage in my career journey and at my price-point, I typically do not get hired by landlords of Rent Stabilized buildings unless it is for consulting, development, or for a very hairy apartment or building situation. This story is about a very very hairy apartment situation.   To start… Continue reading Anatomy of a Hairy Apartment Settlement Agreement