Author: michelle

Does the duty of a subtenant to attorn to an owner in the event of the termination of a lease cut against a subordination clause?

December 14, 2025 A ground lease is a very long-term lease (often 50 to 99 years), where the tenant seems more like an owner. The tenant in a ground lease can get a mortgage on a ground lease interest. The tenant in a ground lease runs all aspects of the building. The benefit of a… Continue reading Does the duty of a subtenant to attorn to an owner in the event of the termination of a lease cut against a subordination clause?

Buying a Tenant Time and Reading Statutes Plainly

November 9, 2025 I represented a residential tenant, a widowed parent of two school-aged children. The tenancy was not Rent Stabilized or subject to the Good Cause Eviction Law. My client needed to buy time in the premises, without breaking the bank on legal fees, so that the my client could buy a home. In… Continue reading Buying a Tenant Time and Reading Statutes Plainly

Can a commercial tenant refuse to pay rent if the tenant’s intended use of the premises is not in conformity with a building’s certificate of occupancy?

October 12, 2025   In 2025, I was still dealing with clients, both landlords and tenants, grappling with commercial rent arrearages left over from the Pandemic. This is a story of one such matter.   I was representing a commercial tenant, a prominent professional practice in Manhattan. For some crazy reason, even though this company… Continue reading Can a commercial tenant refuse to pay rent if the tenant’s intended use of the premises is not in conformity with a building’s certificate of occupancy?

The Good Cause Eviction Law Notice Requirements

September 10, 2025   On January 9, 2025, Michelle Itkowitz taught a continuing legal education class for Lawline entitled “The New Good Cause Eviction Law in New York”. On September 1, 2025, Michelle updated the materials for that class. Below is an excerpt from the materials.     Which Legal Documents are Required to Include… Continue reading The Good Cause Eviction Law Notice Requirements

I saved a purchaser of an eight-unit property $400,000 with my Rent Stabilization Due Diligence report. And other anecdotes…

August 10, 2025   In the first half of 2025, I was frequently hired for Rent Regulatory (Rent Stabilization) Due Diligence for Multifamily Property consulting gigs. Many of those engagements were for clients who are new to the New York City multifamily space. These are not unsophisticated inventors; but they are new to this asset… Continue reading I saved a purchaser of an eight-unit property $400,000 with my Rent Stabilization Due Diligence report. And other anecdotes…

What happens when you live in your store, shop, studio, or business premises in New York City? Can the landlord evict you in a commercial eviction proceeding?

July 13, 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 22. Today’s case is Glebow… Continue reading What happens when you live in your store, shop, studio, or business premises in New York City? Can the landlord evict you in a commercial eviction proceeding?

In Housing Court, the landlord can only sue for the monthly rent and that rent must be properly itemized or the case can be dismissed.

June 8, 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 21. Today’s case is AK… Continue reading In Housing Court, the landlord can only sue for the monthly rent and that rent must be properly itemized or the case can be dismissed.

When a Commercial Lease Requires Notices from the Landlord to be Signed for by the Recipient Tenant

May 4, 2025 Below is a section of a memorandum of law that I recently drafted, where I was representing a commercial tenant in Supreme Court, Manhattan. If someone were to ask me the top three rules for representing a commercial landlord in the vitally important predicate notice stage of a litigation (these cases are… Continue reading When a Commercial Lease Requires Notices from the Landlord to be Signed for by the Recipient Tenant

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)