Areas of Practice

Exclusive Legal Services

Landlord Evictions

Expert representation for landlord-tenant disputes

The Law Office of Michael J Herberger specializes in providing legal assistance to landlords dealing with lease violations, holdovers, non-payments, and housing court matters. We offer expert representation and guidance to protect the rights and interests of property owners. Our team is dedicated to helping landlords navigate the complexities of eviction proceedings and housing court cases, ensuring a fair and efficient resolution.

City and County Violations

Representation for property violations

How long does it take to evict a tenant in Buffalo

In addition to landlord evictions, we also represent property owners in addressing violations with the City and County. Our firm offers compassionate and strategic legal support to handle a wide range of property violations, ensuring that our clients' rights are safeguarded throughout the legal process. We are committed to providing comprehensive advice and advocacy to protect the interests of property owners in addressing and resolving violations.

Common Questions Answered

How much does it cost to evict a tenant?

Costs vary based on the type of the case, location of the property and whether a marshal is needed. Our office offers transparent fixed pricing and can provide an estimate after learning more about your situation. We aim to make the process as cost-effective and predictable as possible.
How long does the eviction process take in Buffalo?

The timeline varies depending on the circumstances. A straightforward nonpayment case might take between 2 and 3 months, but contested cases or those involving court delays can take longer. Our office helps streamline the process and ensures all legal steps are followed to avoid delays or dismissal.
Can I evict a tenant who is still under lease?

Yes, but only under certain circumstances, like lease violations or nonpayment of rent. You cannot evict simply because you want the tenant to leave—you must have a legal reason. We can help you determine whether your case qualifies and what notices are required.
What steps are involved in the eviction process?

Evictions in New York typically involve serving the tenant with a notice (such as a 14-day notice for nonpayment), filing a petition in Housing Court, attending a court hearing, and possibly scheduling a marshal to carry out the eviction. We handle each step to ensure compliance with state and local laws.
How long does it take for the marshal to remove the tenant after a court order?

After the warrant is issued, the marshal must serve the tenant with a 2 week notice to vacate. If the tenant still refuses to leave after that period, the marshal can then return to physically remove them. The exact timeline depends on the marshal’s availability and local scheduling.
Can I evict a tenant during the winter or holidays?

Yes, evictions can proceed year-round, including during winter or holidays. However, some courts may have holiday closures, and certain tenant protections could apply depending on the situation. Our team stays up to date on all local rules and timing considerations to avoid unnecessary delays.
Do I need to be present when the marshal removes the tenant?

Yes, the landlord or their representative should be present, especially if there are locks to be changed or personal property to be secured. We guide our clients through what to expect on the day of the eviction and help coordinate logistics.
What happens to the tenant’s belongings after the marshal removes them?

In New York, the tenant’s personal belongings are not automatically discarded. If property is left behind, you will have to store it for a timeline of 30 days post eviction. We can advise you on how to manage this properly and avoid liability.
What should I do if my tenant hasn’t paid rent in months?

Start by contacting us. Nonpayment is one of the most common legal reasons for eviction, and timing is critical. We can prepare the necessary notices and file your case quickly to minimize lost rental income.
What are the legal reasons a landlord can evict a tenant in Buffalo, NY?

In New York, landlords can evict tenants for several legal reasons, including nonpayment of rent, lease violations, or the expiration of a lease term. In some cases, landlords may also evict tenants for personal use of the property or for renovations, but strict rules apply. We can help you understand if your situation qualifies.
When does a marshal get involved in the eviction process?

A marshal is involved only after the court has granted a judgment of eviction and a warrant has been issued. Once you receive this judgment, we’ll coordinate with the marshal to officially remove the tenant if they haven't vacated voluntarily.
Can a marshal remove a tenant immediately after court?

No—there is always a waiting period. The tenant must first be served with the notice by the marshal. Only after that notice expires without the tenant leaving can the marshal legally carry out the physical eviction. We make sure everything is timed and documented correctly to avoid delays.
What happens if the tenant fights the eviction?

Tenants can challenge evictions in court, often by claiming improper notice, rent payment, or habitability issues. If this happens, it’s essential to have experienced legal representation. We’ll advocate for your rights, present your case clearly, and respond to any defenses.
What can I do if a tenant is damaging my property or breaking the lease?

You have legal options. Depending on the situation, you may be able to start an eviction for lease violations. We can review your lease and evidence, and help you take the proper steps to remove the tenant and potentially recover damages.
Do I need a lawyer to evict a tenant?

While it’s possible to handle an eviction without a lawyer, mistakes in paperwork or procedure can cost you time and money. Our office ensures your case is legally sound, filed correctly, and handled efficiently in court to protect your property rights. Properties that are owed by an LLC, INC or Corp have to be represented by a lawyer. Properties where the owner lives out of town and there is a management company maintaining the property will need a lawyer or the owner will have to come to Buffalo for court, this can be between 1 and 4 court dates.