Eviction Law in Buffalo, NY
Are you dealing with a tenant who refuses to pay rent or continues to violate your lease agreement?
Evictions in Buffalo can feel like a legal minefield, especially with New York’s tenant-friendly laws. But if you’re a landlord facing serious issues, you do have options—and protections—under the law.
If you’re ready to take control of the situation, start by reviewing our guide below. We can also connect you with a New York eviction attorney who knows Buffalo Housing Court inside and out.
What Is an Eviction?
An eviction is a legal process that forces a tenant to leave the property after receiving formal notice from the landlord. In most cases, evictions are prompted by unpaid rent or lease violations, such as unauthorized occupants or property damage.
While these issues may seem straightforward, the legal process is often anything but. New York has extensive tenant protections, and landlords in Buffalo must follow strict procedures or risk having their case thrown out.
Still, not every eviction notice results in the tenant being removed. In many situations, the notice itself serves as a final opportunity for the tenant to correct the issue, whether that means paying rent in full or coming back into compliance with the lease.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your tenant in Buffalo consistently pays rent late—or not at all—you may have grounds to begin the eviction process. While New York allows for occasional delays with a five-day grace period after rent is due, chronic lateness is a different matter.
It is important to note that state-level protections can affect your ability to act. As of recent guidance from the New York Attorney General, no rent is officially considered late until five days after the due date.
To protect yourself in the event of a legal dispute, you should send written notices each time rent is late and maintain copies of all communications. These documents can serve as crucial evidence if your case goes to court. Judges look for a consistent paper trail showing that you gave the tenant multiple chances to correct the issue.
The Tenant Violates the Terms or Conditions of the Lease Agreement
When a tenant breaks the rules of the lease, a landlord in Buffalo has every right to take action. Lease agreements are more than suggestions—they’re binding legal contracts. Whether it’s unauthorized guests, subletting without approval, or using the unit for prohibited purposes, these are all enforceable violations.
But remember, the agreement cuts both ways. Landlords are also expected to meet their end of the bargain. If your lease includes obligations like timely repairs or maintaining common areas, failing to uphold those responsibilities could weaken your case.
The Tenant Damages the Property
Minor scuffs and loose fixtures come with the territory when renting out property. However, there’s a clear difference between ordinary use and outright destruction. If your tenant is punching holes in walls, breaking windows, or causing structural damage, you may be within your rights to file for eviction in Buffalo.
That said, not every repair-worthy issue counts as legal grounds for removal. If the tenant has attempted to fix the damage responsibly or the issue is cosmetic, a court may view it differently. As always, evidence matters. Photos, maintenance requests, and repair invoices can help build your case if things escalate.
The Tenant Uses the Property for Illegal Purposes
If your Buffalo property is being used for unlawful purposes—such as drug trafficking or illegal weapons sales—swift legal action is not only justified, it’s often necessary. These situations pose a risk to neighbors, property value, and your own legal standing. You may even face penalties for failing to act if illegal conduct continues on your premises.
Still, moving forward with eviction in these cases requires more than suspicion. Police reports, witness statements, or citations can strengthen your case and protect you from retaliation or wrongful eviction claims. If authorities have visited the property, get a copy of the incident report to include in your records.
How to Evict a Tenant in Buffalo, New York
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction rules in Buffalo are shaped by both New York State law and city-level protections. Before issuing a notice to vacate, landlords should make sure they have a valid legal basis and have followed all procedural requirements. Evictions that do not follow proper legal channels can backfire, leading to delays, penalties, or even dismissal of your case.
Buffalo landlords should be especially aware of the Housing Stability and Tenant Protection Act. This law introduced strict penalties for unlawful evictions and expanded protections for renters. For example, it prohibits lockouts and retaliatory actions and even gives courts the authority to delay an eviction for up to 12 months if the tenant can prove severe hardship.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to violate the lease despite your efforts to resolve the issue, it may be time to take formal action. A written eviction notice serves as both a final warning and a legal requirement. This notice should clearly state the lease violation and outline what the tenant must do to correct it, whether that means paying overdue rent, removing an unauthorized occupant, or ceasing disruptive behavior.
The eviction notice should also include a specific deadline by which the tenant must comply or vacate the property. This timeline gives tenants one last chance to fix the problem. It should also list the amount owed, if applicable, and be dated and signed for legal documentation.
New York law requires landlords to provide 14 days’ written notice before filing an eviction complaint for nonpayment of rent. However, mobile home landlords must allow at least 30 days.
In Buffalo, this notice can be delivered to the tenant or another adult living in the household. If no one answers the door, the landlord may affix the notice to the residence and follow up by mailing copies via both certified and first-class mail.
During this notice period, Buffalo tenants have a legal right to cure the issue. That means paying off the rental balance in full can stop the eviction process. Even after a court rules in favor of the landlord, tenants still have a brief window to prevent removal.
Step 3. File the Eviction with the Court
Once the notice period has passed and your tenant has failed to comply, the next step is to file a formal eviction case. In Buffalo, eviction filings must be submitted to Buffalo Housing Court if the property is located within city limits. The court will review your petition and set a hearing date. At that point, a summons will be issued to the tenant to appear in court and respond to the claims.
It is important to act quickly once the notice window closes. Delays in filing could reset the process or allow further violations to occur. Make sure your documentation is in order before submitting the complaint, as mistakes at this stage could result in dismissal or delays. If you are unsure of the process or how to file, legal counsel can walk you through each step.
Step 4. Contact an Experienced Buffalo, New York Eviction Attorney and Prepare for the Hearing
Hiring a knowledgeable eviction attorney can significantly improve your chances of success in court. An attorney will help you prepare your case, avoid technical missteps, and ensure you meet all local legal requirements. With Buffalo’s housing laws leaning heavily in favor of tenant protections, experienced representation can make all the difference.
Before the hearing, gather and organize the following materials:
- A signed copy of the lease agreement
- Payment records showing overdue rent
- Copies of any bounced or returned checks
- Written communication between you and the tenant
- A copy of the eviction notice you delivered
- Proof that the tenant received the notice (such as certified mail receipts or affidavits of service)
Step 5. Evict the Tenant
After a successful ruling in Housing Court, the tenant is typically granted a short window to vacate the property, usually between 48 hours and one week, depending on the circumstances. If they do not leave voluntarily within that time, you can request a warrant of eviction. In Buffalo, the police department may then assist with physically removing the tenant and transferring their belongings to a licensed storage facility.
It’s important to wait for legal clearance before taking any action. Attempting to evict a tenant without proper authorization, such as changing the locks or removing their possessions yourself, can expose you to serious penalties under New York’s tenant protection laws. Always rely on law enforcement to carry out a court-ordered eviction.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case does not automatically guarantee that you will recover unpaid rent. Collecting the debt often requires additional legal action. Fortunately, landlords in Buffalo have several options for pursuing back rent from a former tenant.
You may be able to recover the unpaid balance by:
- Hiring a licensed debt collection agency
- Filing a wage garnishment order with the court
- Requesting a tax refund garnishment
- Suing the tenant in small claims court
Work with an Experienced Eviction Attorney in Buffalo, New York
Buffalo tenants are well-versed in their rights, and many know how to challenge an eviction on technical grounds—especially if the notice was not served correctly. A misstep in paperwork or procedure can derail your case and send you back to square one. That is why it is critical to work with a seasoned Buffalo eviction attorney who understands local court expectations.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. A qualified Buffalo attorney can take the pressure off your back and help ensure a victory in court. We can even help you connect with an attorney across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Do you need help with another area of Buffalo, NY law? Check out the links below.
