The law governing tenant eviction in New York State defers in different counties. To start a tenant eviction process in Buffalo City in Erie County, a landlord must obtain an eviction warrant from the court. The landlord should first petition the court and prove their reason for eviction. The court then rules on the petition and issues an eviction warrant. A warrant of eviction gives law enforcement the authority to remove a tenant from a home. In Buffalo, a warrant is directed to the Buffalo City Marshal’s office which is responsible for executing warrants. Before enforcing an eviction, a marshal must give the tenant a written notice of 14 to 90 days depending on the home type. A tenant may contest an eviction warrant.
Rules for eviction in NY
There are two main types of eviction: non-payment and holdover. Any other eviction that does not involve non-payment of rent is known as “holdover.” Holdover consists of any violation of a lease agreement.
Petitions for nonpayment and holdover proceedings in Erie County’s town and village courts are transferred to the Erie County Landlord-Tenant HUB Court, located in Buffalo Housing Court. The Erie County Landlord-Tenant HUB Court is virtual, and only a few litigants are physically present. The Court Attorneys first oversee alternative dispute resolution, which helps solve most eviction cases. If successful, the petitioner/landlord and respondent/tenant enter into a mutual agreement either by a written stipulation agreement or orally on the record. If the parties cannot agree, a hearing is scheduled before a hearing officer or a judge.
Before filing a non-payment case, a landlord must serve the tenant with two letters demanding rent payment. The first letter should ask the tenant for the rent and inform the tenant that the rent is overdue. This demand letter should be provided at least five days after the rent due date stipulated in the lease or rent agreement. The second letter should inform the tenant that if they do not make the payment they would be forced out of the home. The landlord should clearly indicate the months and the exact amount of rent owed. Failure to issue these two notifications could lead to a ruling in favor of the tenant.
After the rent demand letter, the landlord should give the tenant at least 14 days to pay the rent before they file a case against the tenant. This notice period varies depending on the type of home. If you are renting out a mobile home, you should provide the tenant with at least a 30-day written demand for rent payment.
Steps involved in a court eviction in Buffalo City Erie County
- A case is transferred by the village or town court to the Erie County Court Landlord Tenant Hub Court in Buffalo City Court.
- The parties are contacted by mail with an appearance date and can appear at the hearing virtually.
- The landlord contacts the home court (Village or Town Court) for a court date for the Notice of Petition.
- The tenant serves the Notice of Petition and Petition on the tenant.
- They then file the Notice of Petition, Petition, Affidavit of Service, and other documents at the Home Court.
- The Home Court clerk provides the landlord with the Hub Court Cover Letter.
- The Home Court transfers the case to the Hub Court but retains the original documents.
- The parties file all subsequent documents with the Home Court
- When the Hub Court sends a notice to the parties with the new court date and requests contact information to schedule the virtual court hearing
- After the disposition, the Hub Court sends a copy of the file to the Home Court.
- The Hub Court handles all post-eviction proceedings
How to evict someone in Erie County, NY
Before filing for an eviction, a landlord should notify the tenant in writing clearly outlining the reasons for eviction. A landlord or their attorney files a petition with the court requesting a hearing. They then serve the tenant with the court papers called a Notice of Petition and Petition 10 to 17 days before the hearing. The Notice of Petition should inform the tenant of the date, time, and place (courtroom) when they should appear in court. The petition can be served in person, issued to another person who lives with the tenant aged at least 18 years, or through the mail (i.e., first-class mail/registered/certified mail).
If the eviction is about nonpayment of rent, the tenant is required to respond within 10 days, and a hearing is held between 3 to 8 days after the court receives the reply. The landlord wins the case if the tenant does not reply within the required time. The hearing is discontinued if the tenant pays the rent before the hearing. A petition should only ask for rent without including other fees, like late payment charges, attorney’s fees, and court filing fees. It should state the names of the landlord or property owner. It should also state the tenant’s identity and how they came to live there, the rented home address, reasons for the petition, the amount of rent the landlord is seeking, and a request that the court order the tenant evicted if they don’t pay.
Both parties present their cases in court with all the necessary evidence. Landlords should have documentation and proof to support their petition, notice to quit, and the rental agreement or lease. The landlord is also required to pay court fees. The court makes a ruling based on the evidence provided. If the landlord succeeds, the court will issue a notice of eviction through the marshal.
If the tenant cannot come to court, the judge may rule in favor of the landlord. However, if they have a good reason for not coming to court, the landlord can agree to a new court date and inform the court in writing (bring it to the Court Clerk) before the original court date. This can also be done through a phone call in some courts.
The marshal delivers a notice of eviction to the tenant at a fee, mostly allowing them between 14 and 90 days depending on the type of housing and the rental agreement. The notice must be dated, a day not earlier than the mailing date. The marshal can only evict the tenant during the day, on a business day. If the tenant hasn’t moved within the notice period, the marshal may enforce the eviction by changing the door locks. A tenant can request an order to stop the eviction through the court.
Conclusion
There are many legal issues surrounding renting out property. Under the new New York eviction law, “Good Cause Eviction Law,” a landlord should have a good reason to evict a tenant, deny a tenant the option of renewing a lease or raise rent by more than 5%. A tenant can also challenge a rent increase. A landlord should always stick by the rules in their lease agreement to increase their odds of winning cases involving tenants. You may want to consult our eviction attorney in Buffalo City when drafting a lease agreement or dealing with your tenants to avoid legal conflicts.