How to Evict a Tenant Before Selling Your House in WNY

Many landlords in Western New York believe they must evict their tenants to get top dollar on the market. While a vacant home is easier to sell to retail buyers, evicting a tenant in NY State is a complex, heavily regulated process. If you choose this path, you must follow the legal steps exactly to avoid fines or throwing out the case.

1. Serve Proper Legal Notice

To end a tenancy, you must serve the tenant with the appropriate notice. If they have violated the lease (for example, by failing to pay rent), you must serve a "14-Day Notice to Pay or Quit." If you are ending a month-to-month agreement, you must serve a notice of non-renewal (30, 60, or 90 days, depending on their tenancy length).

2. File a Petition in local WNY Court

If the tenant does not pay or vacate by the deadline, you must file a holdover or non-payment case in the local city or town court (such as Buffalo City Court, Amherst Town Court, or Cheektowaga Town Court). You will receive a court date where both parties can present their case.

3. Execute the Eviction Warrant

If the judge rules in your favor, they will issue a warrant of eviction. Only a local sheriff or marshal can execute this warrant; you cannot change the locks, turn off utilities, or remove the tenant's belongings yourself (illegal self-help evictions are criminal offenses in NY).

Instead of dealing with this stressful, months-long process, you can sell the property to Peak Cash Buyers with the tenants in place. We buy as-is, assume the lease, and take over the eviction work ourselves. Read how we buy tenanted properties in Buffalo.