What happens when a subtenant takes their tenancy without authority from the landlord when the lease expressly requires prior written consent from the landlord? The unauthorized subtenant is liable for trespass so says the Supreme Court in 169 Bowery LLC v. Collective Hardware.

The lesson is to always read your lease and abide by its terms. Should you be a prospective subtenant, request a copy of the tenant's lease with the landlord before you go into possession or enter into a contract.

On April 19, we will be teaching Long Island Landlord at Newsday in Melville and will be discussing this topic as well as many others faced by our regions landlords and tenants. While the class is currently full, we often have additional seats upon the week of the course, so stay tuned by clicking here.

As reported on this blog in October of 2011, the Steven J. Baum Law Firm reached a settlement with the United States Attorney for the Southern District of New York whereby it agreed to pay a two (2) million dollar fine and amend its foreclosure practices. Earlier this week, a settlement was reached with the State’s Attorney General’s Office where the firm’s managing partners, Steven J. Baum and Brian Kumeiga, agreed not to handle any foreclosure cases for lenders or servicers in New York State courts for two (2) years and pay a four (4) million dollar fine. Pillar Processing, a document processing entity created by the firm, is also on the hook for the fine. The suit alleged that the Steven J. Baum Law Firm did not take the necessary steps to ensure the accuracy of the legal papers filed in its foreclosure complaints and bankruptcy proceedings. Per the terms of the settlement agreement the firm neither admitted nor denied any findings of wrongdoing in the case.

As part of the settlement half of the four (4) million dollar fine will be allocated to a fund that helps New York residents in foreclosure. Although the firm is now defunct, it remains involved in litigation with other borrowers who believe their rights were compromised by the firm’s practices. We will continue to update you on the outcome of these cases.

Thank you to all who attended our Foreclosure Arsenal class at the Hyatt in Hauppauge sponsored by First American and offering 2 CLE credits for attorneys & to the attendees of the Foreclosure and the Economy class at Chateau Briand in Carle Place sponsored by First Allied Home Mortgage and offering 3 CE credits to real estate agents.

Now its time for our students to spread their knowledge and help Long Island's struggling homeowners to learn their rights.