Q: How to resolve an eviction issue and fines due to tenant's inaction?
I'm dealing with an eviction situation involving my tenant, a hoarder who has refused to move after I served a 90-day notice that expired on January 31, 2025, following New York's legal procedures. I intended to sell the property in January 2024, but couldn't due to this issue. The tenant hasn't lived on the property since November, but his belongings remain, preventing me from disposing of them legally. His wife, who never resided on the property, works at a community center and has spoken to my grandson about the eviction, claiming they'll sue me and that the eviction isn't legal. As a result, I can't send my grandson to the center. Additionally, the center and the tenant's wife reported me to the building inspector, leading to fines for trash outside the property. The tenant had a roommate who's now in rehab and unable to walk; I rented her room to myself and my husband last October. What legal actions can I take to resolve this situation, and how can I protect my privacy and rights?
A:
Dear Buffalo Property Owner
You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding you need a lawyer. Look up Holdover Summary Proceeding in Buffalo New York.
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