Best Landlord & Tenant Lawyers in Buffalo

About Landlord & Tenant Law in Buffalo, United States

Landlord and tenant law in Buffalo is governed by a combination of New York State statutes, state case law, and local city and county regulations. Most of the general rules about leases, security deposits, landlord obligations, and evictions come from New York State law. Local Buffalo and Erie County ordinances add requirements such as building and housing code enforcement, rental registration and inspection programs, and local licensing or maintenance standards. If you rent in Buffalo, you deal with both state rules and city enforcement practices.

Why You May Need a Lawyer

Many landlord-tenant issues involve legal deadlines, court procedures and rights that are not obvious to people without legal training. You may need a lawyer if you face any of the following:

- An eviction notice or a pending summary proceeding in court.

- A large or disputed security deposit deduction.

- Habitability problems that the landlord will not fix and which affect health or safety.

- Allegations that you are violating the lease or that the landlord is violating your rights.

- Complex lease disputes such as commercial leases or multi-unit property disputes.

- Claims of discrimination or retaliatory actions by a landlord after you complained or exercised a legal right.

- Disputes involving rent regulation, tenant succession or government-subsidized housing rules.

A lawyer can explain legal rights, represent you in court, negotiate settlements, and make sure procedural protections are followed.

Local Laws Overview

Key things to know about landlord-tenant law that apply in Buffalo include the following:

- Sources of law - New York State statutes and case law provide the backbone for landlord-tenant law. Local Buffalo ordinances and code enforcement handle housing standards, inspections and registration.

- Leases - Written leases set the primary contract terms for rent, duration and tenant responsibilities. Oral leases can be binding in some circumstances, but written agreements are safer.

- Security deposits - New York law limits residential security deposits to one month's rent for most new leases, and landlords must return the deposit or provide an itemized statement of lawful deductions within a short statutory period after tenancy ends.

- Habitability and repairs - Landlords must provide premises that meet basic health and safety standards. Tenants have rights to repair, to seek code enforcement inspections, and to take legal steps when serious defects go unaddressed.

- Eviction process - Evictions require a court action and cannot be accomplished by self-help such as changing locks or shutting off utilities. Landlords must follow required notice procedures and obtain a court judgment before removal.

- Rent regulation - Rent control and rent stabilization are primarily state-administered regimes. Most Buffalo units are market-rate, but certain properties may be subject to regulation or subsidies. Check whether your unit is regulated.

- Local registration and inspections - Buffalo has local housing and rental inspection programs and may require registration, permits or licenses for rental properties. Local code enforcement and the city building department handle many habitability complaints.

- Anti-discrimination - Federal, state and local fair housing laws prohibit discrimination based on protected characteristics. Tenants who face illegal discrimination have legal remedies.

Frequently Asked Questions

What protections do I have for my security deposit?

In New York State residential security deposits are generally limited to one month's rent for most new tenancies. When your tenancy ends, the landlord must return the deposit or provide an itemized statement of deductions within the statutory time period. Keep records of rent payments and the condition of the unit at move-in and move-out. If a landlord fails to account for or return a deposit, you may be able to sue in local court.

What should I do if I receive an eviction notice in Buffalo?

First, read the notice carefully and note any deadlines. Do not ignore court papers. Evictions require a court proceeding, so you should attend any scheduled hearings. Gather your lease, rent receipts and communications with the landlord. Seek legal help promptly - low-cost or free legal services may be available. A lawyer can explain defenses, such as improper notice, payment issues, or retaliation.

Can my landlord raise my rent at lease renewal?

If your lease is still in effect, the landlord cannot change the rent until the lease ends unless the lease allows it. For month-to-month tenancies or after a lease expires, landlords can generally raise rent for market-rate units but must provide proper advance notice as required by the lease or applicable law. If your unit is rent-regulated, there are specific state rules about allowable increases.

What can I do if my apartment has serious repairs or health hazards?

Notify the landlord in writing and document the problem with photos and dated communications. If the landlord fails to fix serious hazards, you can contact Buffalo code enforcement, the local building department or the county health department to request an inspection. Depending on the situation, legal options may include a lawsuit for repairs, a rent abatement claim, or a defense if the landlord tries to evict you after you complain.

Is it legal for a landlord to enter my apartment without permission?

Landlords generally have a right to access rental units for certain reasons such as repairs, inspections and showings, but they must give reasonable notice except in emergencies. The specific notice requirement may be set by the lease or local practice. If a landlord repeatedly enters without permission or in a harassing way, document each incident and seek legal advice.

Am I protected against discrimination by a landlord?

Yes. Federal, New York State and local laws prohibit housing discrimination based on protected characteristics such as race, color, national origin, sex, religion, disability, familial status and other categories. If you believe you were denied housing or treated differently because of a protected trait, you can file a complaint with the appropriate agency and consult an attorney.

Can I withhold rent if my landlord does not make repairs?

Withholding rent is risky and the rules vary. New York does not broadly allow withholding rent for every repair. Instead, tenants often are advised to document issues, seek code enforcement inspections, request repairs in writing, and consult a lawyer before withholding rent. In some serious situations tenants may use legal remedies such as suing for breach of the warranty of habitability or seeking a judicial rent abatement.

What should I do if the landlord locks me out or shuts off utilities?

An illegal lockout or utility shut-off is generally prohibited. If this happens, try to remain calm, document the action, and contact local authorities and legal services immediately. Do not try to re-enter by force. Seek a court order or emergency relief through a lawyer or legal aid provider.

Can I sublet my apartment or assign my lease in Buffalo?

Whether you can sublet or assign depends on your lease and landlord consent. Many leases require written landlord approval. New York law includes protections for tenants in some scenarios, but you should review your lease terms and get permission in writing when needed. For rent-regulated units, special rules may apply to sublets and succession rights.

Where can I get affordable or free legal help for landlord-tenant matters?

Several local and statewide organizations provide information, legal advice or representation for qualifying tenants. Local legal aid programs, housing advocacy groups and bar association referral services can often help with emergency representation or schedule consultations. If you have an imminent court date, seek help right away as deadlines are strict.

Additional Resources

Here are types of organizations and local agencies that can help you with landlord-tenant issues in Buffalo:

- Local legal services and legal aid organizations for low-income residents - they can provide advice and sometimes court representation.

- Erie County and City of Buffalo code enforcement and building departments - for housing code complaints and inspections.

- Housing advocacy and fair housing groups in the Buffalo area that help with discrimination and tenant outreach.

- The Erie County Bar Association and local attorney referral services - to find a private attorney experienced in landlord-tenant law.

- New York State agencies that handle rent regulation and housing policy for questions about rent-stabilized or rent-controlled units.

- County health departments for issues that affect health such as mold, pests, lead hazards and sewage problems.

Next Steps

If you need legal assistance with a landlord-tenant problem in Buffalo, follow these practical steps:

- Gather documents - collect your lease, payment records, photographs of problems, written communications, notices and any inspection reports.

- Put requests in writing - notify the landlord of repair needs or disputes in writing and keep copies.

- Contact local code enforcement - for safety or habitability issues, request an official inspection and keep the report.

- Seek legal help early - find out if you qualify for free or low-cost representation and contact a tenant attorney or legal aid provider before deadlines expire.

- Prepare for court - if you receive court papers, attend all hearings, bring evidence and consider hiring an attorney to represent you.

- Avoid self-help - do not take actions such as withholding rent without legal advice or trying to lock out the other party. These actions can make matters worse.

Getting reliable legal advice early can protect your rights and help you choose the best path forward. If you are unsure where to start, contact a local legal aid organization or attorney referral service to request an initial consultation.