Eviction Prevention
The Law Center represents low-income Western New York tenants facing eviction in nonpayment and holdover proceedings. We ensure tenants receive adequate pre-commencement notices and protect their rights throughout the legal proceedings. We aim to keep tenants in their homes wherever possible by raising valid defenses to delay, pause, or even prevent eviction or negotiating a settlement with the landlord. When a settlement is not possible, we advocate for giving tenants adequate time to move out while preventing an eviction on their record.
Western New York
Eviction Prevention Project
(WNY-EPP)
The WNY-EPP is a collaboration among:
Neighborhood Legal Services
Center for Elder Law and Justice
ECBA Volunteer Lawyers Project
Legal Aid Bureau of Buffalo
University at Buffalo School of Law Clinical Legal Education Program
VIA 211 WNY
Western New York Law Center
The Western New York Eviction Prevention Project (WNY-EPP) provides FREE eviction defense and advocacy to tenants facing homelessness because of eviction in Erie, Niagara, Wyoming, Orleans, and Genesee counties.
Tenants within the city of Buffalo may apply for representation at their first court appearance in Buffalo City Court.
Tenants who have received eviction notices or who are scheduled for an eviction in court may apply for legal services by WNY-EPP Hotline at (844) 230-7376 or by applying for assistance online at:
Important Information Regarding Evictions
In a residential landlord-tenant relationship, a tenant is given the right to possess property belonging to the landlord for a specific period of time. This relationship is primarily contractual and is ordinarily established by a lease between the two parties. The timeframes below may differ depending on if you rent or own a mobile home.
If you are a tenant, your landlord can file an “eviction” to begin a court process to remove you from his or her property. It is illegal for a landlord to remove you or your property without going to court. “Self-help” evictions are considered Class A misdemeanors.
Real Property Actions and Proceeding Law (“RPAPL”) Article 7 governs the grounds and procedural requirements for eviction proceedings. When a landlord sues you because of missed rent payments, that is called a “Nonpayment Proceeding.” If a landlord sues you because your lease has ended or for any other reason, it is called a “Holdover Proceeding.”
A landlord is generally required by the lease, RPAPL, or other governing statute to provide a pre-commencement notice to the tenant before commencing an eviction proceeding. In nonpayment proceedings, the pre-commencement notice must be a 14-day “Notice to Pay.” This Notice gives the tenant 14 days to pay the rent before the landlord can start an eviction case.
In holdover proceedings, the type of notice required depends on the nature of the proceeding. For example, squatters and licensees must receive a 10-day “Notice to Quit.” If a landlord seeks to terminate a lease before the lease end date, then the tenant must be served with a “Notice to Terminate.” The time and manner of the service is governed by lease or – where there is no lease – by statute. When a landlord seeks to terminate at the end of a lease, the landlord must serve a “Notice of Non-Renewal.” The amount of notice a tenant receives depends on the length of time they have occupied the premises or the term of the lease.
Where there is no written lease, a tenant has a month-to-month tenancy that renews every month until terminated by either party.
- If the tenant has occupied the premises for less than one year and does not have a lease term for at least one year, the landlord must provide at least 30 days’ notice.
- If the tenant has occupied the premises for more than one year but less than two years or has a lease for at least one year but less than two years, the landlord must provide at least 60 days’ notice.
- Lastly, if the tenant has occupied the premises for at least two years or has a lease for at least two years, the landlord must provide at least 90 days’ notice.
If a rental property is owned, operated, subsidized, or regulated by the government (e.g., Section 8/public housing), a landlord must show good cause for terminating or not renewing the lease.
Eviction proceedings run on an accelerated timetable. For this reason, we recommend calling us as soon as you are served with a “Notice of Petition” that says your landlord has initiated an eviction proceeding. The Notice will tell you the date, time, and location of the hearing, and the petition will tell you why the landlord is evicting you.
You must be served with the Notice and Petition at least 10 days, but no more than 17 days, before the court date. You must attend your first court date. Otherwise, your landlord may be able to obtain a default judgment against you.
At your first court date, you are entitled to a 14-day adjournment if there is a dispute about the facts of the case. This time gives you a chance to obtain counsel if you have not already, and try to work out a settlement with the landlord and/or put in an answer if you have valid defenses.
If an agreement is not worked out and there are no valid defenses, or you lose at trial, the court will decide by which date you must move out. The court will sign a “Warrant of Eviction,” but may temporarily stay the execution of the warrant to give you more time if you have a compelling hardship. At a minimum, you will have at least 14 days to move. A Marshal or Sheriff will then execute the warrant.
Contact Us!
Email Us!
We look forward to hearing from you!
If you have been served with an eviction notice, please contact us directly at this email address:
evictions@wnylc.net
Call Us!
716.855.0203
OFFICE HOURS
9:00am - 5:00pm
OR BY APPOINTMENT
Our Address
By Appointment Only
37 Franklin Street
2nd Floor, Suite 210
Buffalo, NY 14202
(Look for us behind Pearl Street Grill)
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