Buffalo Eviction Court Steps 2026–27: The 14-Day Rent Demand, Buffalo City Court and the 14-Day Marshal's Notice
If you rent in Buffalo and your landlord says you are behind, you have more time and more rights than most people think. New York's 2019 housing law (the Housing Stability and Tenant Protection Act) replaced the old three-day notice with a 14-day written rent demand, pushed the court date out to 10 to 17 days after papers are served, and requires a 14-day notice from a marshal or sheriff before anyone can be removed. In a nonpayment case, paying the full rent owed before the eviction happens should cancel it.
This guide walks through each step for a nonpayment case in the City of Buffalo, where cases are heard in Buffalo City Court. It also covers the free lawyer program available at court and the Erie County emergency rent help that can pay back rent. It is general information, not legal advice. Your papers, your lease and the judge's orders control your case.
Step 1: The Five-Day Late-Rent Notice
Under New York Real Property Law § 235-e, if your landlord has not received rent within five days of the due date, the landlord must send you a written notice by certified mail saying the rent has not been received. A landlord who skips this step may have that raised as a defense in court.
This notice is not an eviction and it does not start a case. Treat it as a warning. It is the best time to call the landlord, ask for a payment plan in writing, and start an emergency rent application (see Step 7).
Step 2: The 14-Day Rent Demand
Before filing a nonpayment case, the landlord must serve a written 14-day rent demand. It tells you how much rent is owed and gives you 14 days to pay or move out. Oral demands and three-day notices are no longer allowed, and the demand must be delivered the same formal way court papers are delivered.
What to check on the demand:
The amount. A nonpayment case is only for rent, the regular monthly or weekly charge for living there. Late fees, legal fees and other charges cannot be the basis of an eviction. New York also caps late fees at $50 or 5% of the monthly rent, whichever is less.
The months. Compare each month listed against your receipts, money orders and bank records.
The date you got it. Write it down. The landlord cannot file in court until the 14 days run out.
If you can pay the full amount inside the 14 days, do it in a way you can prove, and get a receipt.
Step 3: The Notice of Petition and Petition
If the rent is not paid, the landlord can file a case in Buffalo City Court. You will receive two papers: a Notice of Petition (which gives the court date, time and place) and a Petition (the landlord's claim).
The law requires these papers to be served on you at least 10 days and no more than 17 days before the court date. Write down the date you received them and keep the envelope.
Do not ignore these papers. The Notice of Petition and Petition are not an eviction order. They mean the landlord has started a case. Only the later 14-day Notice of Eviction from a marshal or sheriff means you are actually being evicted.
Step 4: Get a Free Lawyer Before or At Court
The Western New York Eviction Prevention Project (WNY-EPP) gives free eviction defense and advice to financially eligible tenants in Erie, Niagara, Wyoming, Orleans and Genesee counties. Eligibility is based on federal poverty guidelines. The project is a partnership that includes Neighborhood Legal Services, the Western New York Law Center, the Legal Aid Bureau of Buffalo, the Center for Elder Law and Justice, the ECBA Volunteer Lawyers Project, the University at Buffalo School of Law clinics and 211 WNY.
How to reach them:
WNY-EPP eviction hotline: (844) 230-7376, or apply online through Neighborhood Legal Services or the Western New York Law Center.
Western New York Law Center advice line: (716) 828-8456.
At Buffalo City Court: Buffalo residents can sign up for representation through the Attorney of the Morning program after appearing before the judge. Look for signs on the information tables in the hallway. No appointment is needed.
Calling the hotline before your court date is the best move. A lawyer can check whether the 14-day demand and the service of papers were done correctly, and whether you have defenses such as repair problems.
Step 5: The Court Date
Go to court, and be on time. If you do not appear, the landlord can get a default judgment, and you can still receive a 14-day eviction notice afterward.
What New York law gives you at the hearing:
You can answer in person. You can give your answer orally at the hearing. You cannot be required to answer before the hearing date.
You can ask for time. If there is a real factual dispute, either side is entitled to an adjournment of at least 14 days.
Utilities matter. If the landlord's own failure caused your utilities to be shut off, the case is put on hold until service is restored.
Repairs matter. Bring photos, texts and any city code-enforcement records about conditions in the unit.
What to bring: the rent demand, the Notice of Petition and Petition, your lease, rent receipts or bank records, photos of conditions, and proof of any pending rent assistance application.
Many Buffalo cases end in a stipulation, a written agreement between you and the landlord that the judge approves. Read it carefully before you sign. If you agree to pay by a deadline and miss it, the landlord can ask for a warrant quickly. Only agree to a schedule you can actually meet, and ask the attorney on duty to review it.
Step 6: Judgment, the Warrant and the 14-Day Notice of Eviction
If the landlord wins, the court can issue a warrant of eviction to a marshal or sheriff. The officer must then serve you a written Notice of Eviction at least 14 days before carrying it out. The eviction must happen on a business day between sunrise and sunset, so not on a weekend or at night.
You can call the number on the notice to ask when the eviction is scheduled.
Three ways the eviction can still be stopped or delayed:
Pay the rent owed. In a nonpayment case, the court must vacate the warrant if you pay or deposit with the court the full rent due at any time before it is carried out, unless the landlord proves you withheld rent in bad faith.
Ask for a hardship stay. If eviction would cause extreme hardship to you or your family, the court can stay it for up to one year. You may be required to deposit rent with the court.
Ask to stay or vacate the warrant for good cause. The judge keeps the power to stop a warrant before it is carried out. Bring an Order to Show Cause request to the clerk's office as soon as you get the 14-day notice. Do not wait until the last day.
Your landlord cannot lock you out. If you have lived in your home more than 30 days, only a marshal, sheriff or constable can remove you, and only after the landlord has won in court. A lockout without a court order is illegal. Call 911.
Step 7: Erie County Emergency Rent Help
The Erie County Department of Social Services Emergency Services unit can make a one-time payment of back rent if your landlord has threatened eviction. Key points from the county's August 2026 requirements sheet:
It is generally limited to 4 to 6 months of back rent, depending on household income and size. It does not cover late fees, court costs or attorney fees.
You need an itemized eviction letter signed by your landlord listing each month owed and saying the landlord may start eviction proceedings. It must include the landlord's name, address and phone.
A court case is not required, but if you already have a court date or a 14-day notice, bring the petition or stipulation with the amount owed and the payment deadline.
You must show you can afford the rent going forward. Shelter arrears help is generally limited to once every five years, and it may come as a grant or as an interest-free loan to be repaid within 12 months.
Where to apply: drop off at 158 Pearl St., fourth floor (Rath Building), fax to (716) 858-6852, or mail to Erie County Department of Social Services, Unit FA6/75000, P.O. Box 120, Buffalo, NY 14201-0120. Emergency Services voicemail: (716) 858-6265. After 5 p.m., call 2-1-1.
A Buffalo Eviction Checklist
Write down the date you got every paper.
Check whether the demand lists only rent, not fees.
Call the WNY-EPP hotline at (844) 230-7376.
Apply for Erie County emergency rent help with your landlord's itemized letter.
Go to Buffalo City Court on your date and sign up for Attorney of the Morning if you have no lawyer yet.
Read any stipulation before you sign it.
If you get a 14-day Notice of Eviction, go to the court clerk right away.
Frequently Asked Questions
How much notice does a Buffalo landlord have to give for unpaid rent?
A written 14-day rent demand before filing in court, then court papers served 10 to 17 days before the hearing.
Can I stop the eviction by paying?
In a nonpayment case, paying the full rent due to the court before the eviction is carried out should vacate the warrant, unless the landlord proves bad-faith withholding.
Can I get a free lawyer?
Many tenants can. Call the WNY-EPP hotline at (844) 230-7376, or sign up at Buffalo City Court through the Attorney of the Morning program.
What if I miss court?
The landlord can get a judgment against you. Contact the court clerk and a lawyer immediately to ask about vacating a default.
How long after the judgment do I have?
At least 14 days after the marshal or sheriff serves the Notice of Eviction. The judge may also grant a hardship stay of up to one year.
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