The Eviction Process in Buffalo, NY: From Notice to Warrant

The eviction process in Buffalo, NY runs entirely through Buffalo City Court. A landlord starts with a written notice, files a petition, has the tenant served, appears at a hearing, and — only if the judge grants a warrant — has a city marshal or the Erie County Sheriff physically return possession. Since New York’s Good Cause Eviction law took effect in April 2024, most Buffalo landlords also have to prove a legitimate reason for the removal before a judge will sign off.

Good Cause Eviction Now Gates Most Buffalo Cases

Before April 2024, a Buffalo landlord with a month-to-month tenant could simply decline to renew and file a holdover. That option is gone for covered tenancies. A landlord now has to show one of the grounds the law recognizes: nonpayment of rent (unless the nonpayment stemmed from an unreasonable rent increase), a substantial lease violation, nuisance or meaningful damage, illegal use of the unit, unreasonable refusal of access for repairs or showings, the owner or a family member moving in (unavailable if the tenant is 65 or older or has a disability), or a plan to demolish the building or take the unit off the market permanently.¹

The law also caps how much rent can rise at renewal. An increase is unreasonable if it exceeds the local rent standard, set annually at inflation plus five percent with a ten percent ceiling.² A tenant who refused to sign a renewal only because the increase blew past that standard has a real defense if the landlord files a holdover.

Not every Buffalo rental is covered. Owners with ten or fewer residential units statewide are exempt, as are owner-occupied buildings with ten or fewer units, buildings that received a certificate of occupancy on or after January 1, 2009, units above a high-rent threshold set each year by the state, condos and co-ops, units already under rent stabilization or rent control, and certain institutional housing like dorms and employer-provided housing.¹ Exempt landlords still have to go through every step of the court process. The exemption only spares them from proving good cause as a threshold matter.

The Written Notice That Has to Come First

Nothing gets filed until the tenant has been served with the right written notice. The type and length depend on why the landlord wants possession.

Nonpayment

For unpaid rent, the landlord must serve a written demand giving the tenant at least fourteen days to either pay the amount owed or move out.³ The demand has to state a specific dollar amount. Vague references to an “outstanding balance” are one of the most common reasons a Buffalo judge dismisses the case before it starts.

Holdover and Non-Renewal

When a landlord wants the tenant out at the end of a lease or is ending a month-to-month, Real Property Law § 226-c sets the notice period by how long the tenant has lived there: at least 30 days if the tenancy is under a year, at least 60 days from one to two years, and at least 90 days after more than two years.⁴ The same schedule applies to any rent increase of five percent or more.

Getting Service Right

How the notice is delivered matters as much as what it says. Landlords use a process server or certified mail so there is a clear record. Missing dollar amounts, notice periods that fall short by a single day, or delivery by an improper method all get cases thrown out.

Filing the Petition and Serving the Tenant

Once the notice period runs and the tenant hasn’t paid or left, the landlord prepares a Petition and a Notice of Petition. The Petition needs the full name of every adult in the unit, the exact address with unit number, the legal grounds for eviction, and an itemized breakdown of any rent claimed. The Notice of Petition tells the tenant when and where to appear. Forms are available from the Buffalo City Court clerk’s office.⁵

Numbers on the Petition have to match the earlier notice. A rent demand for $3,000 followed by a Petition for $4,500 gives the tenant an easy attack.

Papers are filed at Buffalo City Court, 50 Delaware Avenue. The filing fee for an eviction petition is $45.⁶ After the clerk assigns an index number, the tenant has to be served — and the landlord cannot do the serving. The person who serves the papers has to be at least eighteen and not a party to the case.⁷

The service window is tight. The papers must reach the tenant at least ten days but no more than seventeen days before the court date,⁸ and proof of service must be filed within three days after delivery.⁹ Without proof of service on file, the court has no jurisdiction and the case cannot move.

The Court Date in Buffalo City Court

Eviction matters are heard in the Housing Part and the Landlord and Tenant Part of City Court, currently on the seventh floor. Cases almost always start with alternative dispute resolution overseen by court attorneys rather than going directly before a judge.⁵

Many cases settle here through a stipulation of settlement, a written agreement signed by both sides and approved by the judge that spells out terms like a payment plan or a move-out date. Stipulations are binding contracts. If someone falls out of compliance, the way back into court is an order to show cause.¹⁰ A stipulation that gives the tenant three months to move out is enforceable, and regretting the deal later will not undo it.

If the parties don’t settle, the case goes to hearing. The landlord carries the burden of proof and has to show through testimony and documents that every legal requirement has been met. A winning landlord receives a judgment of possession and often a money judgment for unpaid rent. The judge has discretion to grant a stay that delays the physical eviction so the tenant can find housing.¹¹

If the Tenant Doesn’t Show

When a properly served tenant fails to appear, the judge can enter a default judgment — usually possession plus any rent owed — and the court then issues a warrant of eviction. The sheriff or marshal posts a fourteen-day notice on the tenant’s door before executing it.¹² A tenant who missed the date can move to vacate the default, but they need both a reasonable excuse for the absence and a viable defense to the case. Waiting makes both harder to prove.

Defenses That Can End the Case

Even when rent is genuinely owed, Buffalo City Court judges regularly dismiss or reduce cases based on tenant defenses.

Warranty of Habitability

Every residential lease in New York, written or oral, includes an implied promise that the unit is safe and livable — meaning no serious problems like lack of heat, persistent leaks, pests, or broken essential systems.¹³ Raised as a defense in a nonpayment case, serious unaddressed conditions can lead the court to reduce the rent owed or dismiss the case outright.

Retaliation

New York law creates a presumption of retaliation if the landlord files for eviction within one year after the tenant complained to a government agency about code violations, took action to enforce lease rights, or joined a tenants’ organization.¹⁴ Once the tenant lays out the timeline, the burden shifts to the landlord to show a non-retaliatory reason. The protection applies to all residential rentals in Buffalo except owner-occupied buildings with fewer than four units.

Improper Notice or Service

Procedural defects are the most common way landlords lose. A demand that skips the dollar figure, a notice period one day short, or service by someone involved in the dispute can all bring dismissal. The landlord can refile, but the entire notice period starts over.

The Warrant of Eviction and the Last Chance to Stop It

After the judgment of possession and any stay period, the court issues a warrant of eviction. The document authorizes a city marshal or the Erie County Sheriff to physically remove the tenant, but not before the officer gives at least fourteen days’ written notice.¹¹

A tenant in a nonpayment case can still stop the eviction at this stage. Paying the full rent due before the warrant is executed requires the court to vacate the warrant, unless the landlord proves the tenant withheld rent in bad faith.¹¹ A tenant can also deposit the full rent plus costs with the court clerk before the warrant issues and stay the eviction that way.¹⁵

On the eviction date, the officer must carry out the removal on a business day between sunrise and sunset. Once the locks are changed and possession returns to the landlord, the case is over. Belongings the tenant leaves behind may end up at the curb.¹²

Self-Help Is Illegal, No Matter the Circumstances

Locking a tenant out, shutting off utilities, or moving their belongings while they are away — every one of these is illegal in New York, regardless of how much rent is owed. A tenant who is forcibly or unlawfully removed can sue the landlord for treble damages, meaning three times their actual losses.¹⁶ Courts can also order the tenant let back in. An expensive legal eviction still costs less than that judgment plus attorney fees.

Two Boundaries That Can Void the Whole Case

Two additional bodies of law sit outside the standard eviction procedure and can invalidate a judgment. The Fair Housing Act bars using eviction to discriminate based on race, color, national origin, religion, sex, familial status, or disability, and a tenant who believes an eviction is discriminatory can file a complaint with HUD.¹⁷ The federal Servicemembers Civil Relief Act protects active-duty military tenants and their dependents: a servicemember cannot be evicted from a primary residence without a court order when rent falls below an annually adjusted threshold, and before entering any default judgment the court must determine whether the absent tenant is on active duty. Landlords can verify status through the Department of Defense’s SCRA site.¹⁸ Skipping either check can void the judgment entirely.

1
New York Attorney General. New York State Good Cause Eviction Law
2
NYC.gov. Good Cause Eviction
3
New York State Senate. Real Property Actions and Proceedings Code 711 – Grounds Where Landlord-Tenant Relationship Exists
4
New York State Senate. New York Code RPP 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
5
New York Courts. Housing and Landlord Tenant Court
6
New York Courts. Housing and Landlord Tenant Court – Fees
7
New York State Unified Court System. How to Serve Papers When Commencing an Action or Proceeding
8
New York State Senate. Real Property Actions and Proceedings Code 733 – Time of Service
9
New York State Senate. Real Property Actions and Proceedings Code 735 – Manner of Service
10
New York Courts. NYC Housing Court Stipulations and Settlements
11
New York State Senate. Real Property Actions and Proceedings Code 749 – Warrant
12
New York Courts. What Happens if the Tenant Does Not Appear in Court
13
New York State Senate. New York Code RPP 235-b – Warranty of Habitability
14
New York State Senate. New York Code RPP 223-B – Retaliation by Landlord Against Tenant
15
New York State Senate. Real Property Actions and Proceedings Code 751 – Stay Upon Paying Rent or Giving Undertaking
16
New York State Senate. New York Real Property Actions and Proceedings Law RPA 853
17
U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act
18
SCRA. SCRA