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I need to evict a disabled person for non-payment and breach of rental agreement. What laws am I up against in Buffalo NY?

Buffalo, NY |

I recently renewed my standard month to month rental agreement. The disabled tenant (in a wheelchair) won't sign it. For over a year they have been paying one amount of rent "on paper" but in reality only a verbally agreed to amount due to their financial circumstances. I've been taking a loss due to this. Now they refuse to pay at all, and will not abide by the new rental agreement. Their flat has newly been made fully accessible to accommodate their disability, is up to code and needs no repairs. One utility bill is in my name in which they refuse to pay now as well.

This is a family member. I feel like I'm up against a huge fight to have them removed legally due to their disability. I'm not evicting BECAUSE of their disability, but their inability to cooperate and pay. Please advise?

Attorney Answers 2

Posted

Contact a local landlord tenant lawyer to help you deal with the tenant on a professional level and institute an eviction case through the court system. Every tenant who violates a lease may be evicted if done properly, disability or no disability.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

You need to have a face-to-face consultation with an attorney to discuss the terms of the leases you mention, any and all repairs or improvements made to the premises, and a number of other items. Your petition will need to be in conformity with the Real Property Law, the Real Property Actions & Proceedings Law, the Civil Practice Law & Rule and any local court rules which may apply.

This communication is intended only to provide general information. No attorney-client relationship is created.

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