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How long does it take to evict a tenant in buffalo, NY?

Buffalo, NY |

My son received a 3 day eviction notice for past due rent. Can they legally evict his family in 3 days? They have not paid the rent because the landlord refuses to clean up the mold in the basement and they will pay it once it has been cleaned up.
Thank you

Attorney Answers 2

Posted

Speak to a local attorney regarding constructive eviction or potential counterclaims against the landlord. Even if three days is permissible, your son may be able to get a small extension from the judge.

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Thank you for your assistance.

Posted

Dear Buffalo Tenant:

Do you mean a three day rent demand or an eviction notice from the Sheriff? A rent demand is before the landlord sues the tenant in a nonpayment case. In the lawsuit the tenant presents defenses to the landlord's lawsuit. A defense based on the landlord's failure to repair is allowed by the New York State statutory Warranty of Habitability.

Read about tenant defenses at:

http://www.nycourts.gov/courts/8jd/pdfs/L&T/tenant/TenantsManual.pdf

http://www.nycourts.gov/courts/8jd/lttenant.shtml

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Nothing has been presented from the courts. Just from forms she has downloaded and presented. Her son came and took some things from the basement that was her moms and he also took some things of theirs as well. They now have a 30 day notice and the landlord is showing the apartment to others. Thank you for the information and links.

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