Author: michelle

When a medical office stops paying rent, closes its doors (with equipment and records still in the premises), and fails to communicate, what is a landlord to do?

May 31, 2023 My firm represented a landlord who had rented to a medical office. The lease was guaranteed personally by one of the doctors in the tenant-medical-practice. During the Pandemic, the medical office stopped operating, it went completely dark. The manager of the building in which the premises was located could see through the… Continue reading When a medical office stops paying rent, closes its doors (with equipment and records still in the premises), and fails to communicate, what is a landlord to do?

Winning a Tenant a Rent Stabilized Apartment, a Forever Home

April 30, 2023 Last Fall, I won a trial on behalf of a residential tenant and secured him a Rent Stabilized apartment, a forever home. This was a 421a building being treated as a cooperative, which was really a rental building. My client was sued as a free-market tenant. By the end of the trial,… Continue reading Winning a Tenant a Rent Stabilized Apartment, a Forever Home

When A Good Guy Guarantor Does Everything Right and A Landlord Does Everything Wrong

March 31, 2023 My firm represented a guarantor of a commercial lease. The guaranty was a “Good Guy Guaranty”, whereby the guarantor could be released from liability for the defaulting tenant, if tenant gave landlord the proper notice and if tenant was current through the date of vacatur. Tenant was a single purpose entity, the… Continue reading When A Good Guy Guarantor Does Everything Right and A Landlord Does Everything Wrong

Co-Living Companies Taking Some More Heat as They Expand Rapidly in New York City Post-Pandemic

December 14, 2022 I have been writing about co-living in these pages before almost anyone had heard of it. One of my areas of core competency is co-living consulting. Co-living is an arrangement by which a landlord rents an apartment to a group of tenants, for at least thirty days, where the tenants occupy and… Continue reading Co-Living Companies Taking Some More Heat as They Expand Rapidly in New York City Post-Pandemic
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Co-Tenant Partitions and the Uniform Partition of Heir Property Act

November 27, 2022 Partition is any division of real property between co-owners, resulting in individual ownership of the interests of each. 24 N.Y. Jur. 2d Cotenancy and Partition § 116. Partition can be forced by an action between joint tenants or tenants in common for the division of their property between them, according to their… Continue reading Co-Tenant Partitions and the Uniform Partition of Heir Property Act

Tenant Question: “I had to vacate my apartment early, can the landlord sue me for the last six months of rent?”

October 30, 2022 This was a post Michelle Itkowitz did for the Tenant Learning Platform blog, where she often answers tenants’ questions. The blog is reprinted here with Tenant Learning Platform’s permission. Ira from Astoria asks: I was a tenant in an affordable housing unit, but I had to move out after six months because… Continue reading Tenant Question: “I had to vacate my apartment early, can the landlord sue me for the last six months of rent?”

Some Loft Law Coverage Basics

July 28, 2022 I was involved in a representation that involved the issue of Loft Law coverage. That made me realize how little information there is available to lawyers on the issue of Loft Law coverage (Multiple Dwelling Law Article 7C “Legalization of Interim Multiple Dwellings”). There is even less information on the issue available… Continue reading Some Loft Law Coverage Basics

The Laws Regarding Rent Strikes in New York

June 30, 2022 During the Pandemic, I was involved in a representation that encompassed a rent strike. That made me realize how little information there is available to lawyers on rent strikes. There is even less information on rent strikes available to the public. I ended up writing my own internal piece on rent strikes.… Continue reading The Laws Regarding Rent Strikes in New York

Shopping Center Lease Due Diligence – The Importance of Estoppel Clauses in Commercial Leases

May 27, 2022 In this post, I talk about doing due diligence on a pile of leases for a shopping center. The shopping center had long been owned by the same family. That is always the first sign that the leasing is going to be problematic - when the same family owns any real property… Continue reading Shopping Center Lease Due Diligence – The Importance of Estoppel Clauses in Commercial Leases

Essentials of Rent Stabilization – Key Strategies for Real Estate Investors, A Practical Guide to Investment Real Estate, by Michael L. Landsman, Esq.

May 12, 2022 If you are contemplating buying New York City multifamily real estate, be you an experienced investor or somebody new to the game, you are crazy if you do not buy a copy of this book just published, in Spring 2022, by my friend and colleague, Michael L. Landsman, Esq., entitled “Key Strategies… Continue reading Essentials of Rent Stabilization – Key Strategies for Real Estate Investors, A Practical Guide to Investment Real Estate, by Michael L. Landsman, Esq.

Waiting for a Train in Forest Hills on the Day a Rent Stabilization Case Ended Well

April 28, 2022 As I write this, it is a gorgeous late April 2022 afternoon, and I am sitting on the Long Island Railroad platform in Forest Hills, Queens. I’m trying to get home. It’s sunny, cool and windy, just a perfect day. Every tree has blossoms. I just came from the home of my… Continue reading Waiting for a Train in Forest Hills on the Day a Rent Stabilization Case Ended Well

Pandemic Outdoor Dining, Its Interesting Landlord and Tenant Litigation Implications

February 2022 During the Pandemic, I represented many New York City restaurant tenants and many New York City landlords of restaurants. One thing that made working on a landlord and tenant dispute involving a restaurant during the Pandemic different than cases involving other types of businesses was the advent of outdoor dining, the New York… Continue reading Pandemic Outdoor Dining, Its Interesting Landlord and Tenant Litigation Implications