Sell a rental with tenants in Buffalo, NY — hand the landlord work to us

How we help tired landlords.

1. We buy with tenants in place — no evictions for you to fund or navigate first.
2. Our licensed property management team knows New York's landlord-tenant rules.
3. Lease details are reviewed before the offer, so nothing surprises anyone at closing.
4. The day we close, the tenant conversation stops being yours.

Selling an occupied rental under NY landlord-tenant law

New York gives tenants real protections, and Buffalo has its own layer on top of state law, which means you can’t just list a house with a difficult tenant in it and expect a normal sale process. Most conventional buyers won’t take on a property with an active lease or a tenant behind on rent, and starting an eviction can take months through Buffalo City Court, especially with current backlogs. We buy occupied rental properties as-is, including ones with tenants who’ve stopped paying or won’t cooperate with showings, and we handle the tenant situation after closing so you’re not stuck managing it or paying an attorney to move an eviction through the courts.

Selling a rental with tenants in New York: what changes

You do not need a vacant house to sell a rental. But the tenant's rights stay in place, and that shapes how the sale works.

1. 01

   The lease usually survives the sale

   The new owner becomes the landlord and takes over the lease.

2. 02

   Month-to-month tenants

   New York sets notice periods of 30, 60 or 90 days to end a tenancy, depending on how long the tenant has lived there.

3. 03

   No self-help

   You cannot lock a tenant out or shut off utilities. That is illegal in New York.

4. 04

   Most retail buyers want a vacant house

   An occupied rental narrows your buyers, which is why many landlords look at a cash sale.

Your options when the tenant is the problem

New York gives tenants real protections — see NY Homes and Community Renewal. If the house also needs repairs, see selling a house that needs repairs.

Problem tenant: your options

How an eviction works in Buffalo

1. 01

   Written rent demand

   For unpaid rent, you first serve a written 14-day rent demand.

2. 02

   Court petition

   If the tenant does not pay, you file a petition in Buffalo City Court. See NY Courts.

3. 03

   Hearing

   The court sets a date and hears both sides.

4. 04

   Judgment and warrant

   If you win, the court issues a warrant of eviction.

5. 05

   Marshal

   A city marshal carries out the eviction. You cannot do it yourself.

Even uncontested cases usually take weeks. Contested cases can take months. Selling with the tenant in place can skip this wait entirely.

Paperwork and taxes when you sell a rental

• Security deposit: it is held in trust. When you sell, it is generally transferred to the new owner, and the tenant is notified.
• Lease and rent roll: have copies ready, plus a ledger of rent paid.
• Back rent: it is owed to you as the landlord. We can talk about how it is handled in the sale.
• Taxes: selling a rental can trigger capital gains tax and depreciation recapture. Some owners defer taxes with a 1031 exchange if they buy another investment property, but strict deadlines apply. See IRS Publication 527 and talk to a CPA before you sign.

If the city has cited the property, see selling with code violations. If you are moving out of the area, see relocating and selling from out of state.

Why sell to Irish Jones Home Buyers.

We buy as-is

Condition is our starting point, not your problem to fix first — repairs, belongings and all.

No fees or commissions

No listing agreement and no agent commission. The written offer is the number.

Close on your timeline

Cash means no bank approvals in the way — you pick the closing date that fits.

Local & licensed

A Buffalo office, a 716 phone number and NY real estate license #10491209386 you can look up.

Meet the team handling your sale

Matt Irish-Jones

Co-founder & CEO, Irish Jones

NY real estate license #10491209386 · 716-768-4915

The person on this page is the person who answers the phone.

Earl Altheide

Partner, Irish Jones · Division lead, Irish Jones Home Buyers

NY real estate license #10491209386 · 716-768-4915

The person on this page is the person who answers the phone.

Quick answers.

Can I sell a rental with tenants still living in it?

Yes. You can sell an occupied property, and many investors buy rentals with tenants in place. The tenant's lease generally stays in effect after the sale. What you cannot do is force a tenant out by cutting utilities or changing locks, which is illegal in New York. We can review the lease and the tenant situation and tell you quickly how it affects an offer.

Does the lease transfer to the new owner?

In most cases, yes. A valid lease continues after the sale and the new owner takes over as landlord, including the rent and the tenant's rights. Month-to-month tenants can be given proper notice to end the tenancy, and New York sets notice periods of 30, 60 or 90 days depending on how long they have lived there. Check your lease and consult an attorney.

How long does an eviction take in Buffalo?

It depends on the reason and whether the tenant contests it. For unpaid rent, you must first serve a written 14-day rent demand, then file in court and wait for a hearing, judgment and a marshal's warrant. Even uncontested cases usually take weeks, and contested ones can take months. Selling with the tenant in place can avoid this wait entirely.

What if the tenant stopped paying rent?

Selling is still possible. Back rent is owed to you as the landlord, not automatically to the buyer, so we can talk about how it is handled in the sale. Do not turn off utilities or lock the tenant out. An attorney can help you pursue what you are owed while you move forward with a sale. Send us the lease and a rent ledger, and we will review the numbers.

What if the tenant will not allow showings?

In a traditional sale this is a big problem, because buyers expect to walk through the house. Tenants generally must be given reasonable notice, and cooperation can be limited. A cash purchase often needs just one visit, and we work around the tenant's schedule. We can also discuss a cash-for-keys arrangement if a vacant closing is the goal.

Do I have to give notice to the tenant before selling?

You do not need the tenant's permission to sell, but you should tell them about the sale, and the new owner must be introduced as the landlord. The security deposit must be transferred to the new owner, and the tenant should be notified in writing about where it is held. Follow your lease terms and ask your attorney about the required notices.

What about the security deposit?

In New York, a landlord holds a tenant's security deposit in trust. When you sell, the deposit is generally transferred to the new owner, who becomes responsible for returning it, and the tenant must be notified. The closing documents should show the transfer. Keep your records clear so the numbers are right at closing.

What are the tax effects of selling a rental property?

Selling a rental can trigger capital gains tax and depreciation recapture, which is taxed at a different rate than ordinary gains. New York also taxes the gain as income. Some owners defer taxes with a 1031 exchange if they buy another investment property, but strict deadlines apply. Talk to a CPA before you sign so you know your net number.

This page is general information, not legal or tax advice. Talk to a New York attorney or CPA about your situation.