The warrant of eviction authorizes the sheriff or marshal to perform the eviction. An eviction is the removal of a tenant and his or her personal belongings from an apartment. The marshal sees that any entrance locks on the premises to which the tenant may have access are changed. Before you can be evicted, the marshal must serve a marshal’s notice, also called a notice of eviction.
This section will explain all about the notice of eviction and the eviction. If you are looking for information on how to stop an eviction, click on Stopping an Eviction. If you have already been evicted, but you think the eviction was improper, click on Restore to Possession. If you have already been evicted, and never received any court papers, click on Illegal Lock-out.
The Notice of Eviction
Before executing the warrant the sheriff or marshal must give notice in writing to the persons to be evicted. The marshal may perform an eviction or obtain legal possession between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays.
The Notice of Eviction must be served the same way as a notice of petition and petition is served. To read more about this click on Service of the Notice of Petition and Petition. The eviction can occur on or after the fifteenth day after the notice of eviction is served.
Day Personally Served
72-hour Notice Period Begins
Earliest Eviction Day *
*Exception (Holiday) : When there is a holiday on any weekday (Monday through Friday) after the notice is personally served and on or before the day shown in the column, the earliest day becomes the business day after the day shown in this column.
If the Notice of Eviction is given by a method other than personal delivery and requires a mailing, such as substituted delivery or conspicuous place delivery, the marshal may evict without further notice on the sixth business day after the date of the notice, or on any business day after that. When copies of the notice of eviction are mailed the city marshal adds two business days to the 72-hour time period for a total of five days, excluding Saturday, Sunday and holidays. Business days are Monday through Friday except legal holidays.
Earliest Eviction Day
* (6 th Business Day)
*Exception (Holiday) : When there is a holiday on any weekday (Monday through Friday) after the notice is served and on or before the day shown in the column, the earliest day becomes the business day after the day shown in this column.
The Notice of Eviction must be dated. The date must not be earlier than the date the notice is delivered to the respondent personally or mailed to the respondent.
Generally, the Notice of Eviction must name all persons in possession of the premises who derive their right to possession through the respondent.
Notice of Eviction Forms
There are two Notice of Eviction forms, one designated personal service and one designated alternative service/mailing. The Marshal must use the appropriate notice of eviction form, which depends on how the notice is served. If the marshal uses the alternative service/mailing notice form, even if such form is personally served, the marshal must also mail a copy of the form, enter the date of mailing on the form, and not evict the respondent before the sixth business day after the date of the notice.
Contents of the Notice of Eviction
The New York City Department of Investigation, Marshals Bureau, which regulates New York City Marshals, has required the use of a specific form for a Notice of Eviction.
marshal’s name , address, telephone number, and badge number;
- the name and county of the court;
- the title of the action, including the index number;
- the address of the premises, including a designation or description of the rooms or apartment concerned;
- a statement in bold type designating the notice as a notice of eviction;
- the date of the notice, which must be on or after the date the notice is delivered personally to the respondent, or if served by any method that requires a mailing, the date on which it is mailed; and
- statements as to when the respondent may be evicted, depending on whether the notice was given by personal service or by any other manner; that the eviction can only be stopped by the issuance of an order to show cause with a stay provision and where to obtain such order to show cause; that if the court issues a stay which is in effect a respondent can only be evicted if the respondent fails to make a payment or comply with a court’s order by a certain date, failure to obtain a stay will result in eviction without further notice.
- The notice also contains statements advising you that if you are dependent upon a person in the military , advise the clerk immediately to protect your rights; that if you need legal assistance , the Legal Aid Society may be able to assist you, or if you are a senior citizen you may seek assistance by dialing 311; that if you receive public assistance , notify your caseworker immediately as the Human Resources Administration may be able to help you with back payments whether or not you receive public assistance.
Re-service of the Notice of Eviction
The purpose of the Notice of Eviction is make sure that the respondent has adequate advanced warning of an eviction. If the notice becomes stale after delivery, it can no longer be used.
Marshals are required to give an additional notice of eviction in two situations:
1) Where thirty days have passed since the earliest eviction date specified by the previous Notice of Eviction and the warrant has not yet been executed; or
2) where a court order stays the eviction after service of the Notice of Eviction and the stay later expires or is vacated, unless the court specifically gives the petitioner permission to evict respondent without serving a new Notice of Eviction. In that situation the petitioner may evict without re-serving an eviction notice as long as the warrant of eviction is executed within three business days of the earliest date of eviction authorized by the court.
The new marshal's notice must be served in the same way as the original notice unless the court orders otherwise, and must also give the tenant 14 days notice of the eviction.
Special Rules For Children, Mentally Ill, Handicapped, Elderly or Others
The marshal is required to find out in advance if the premises is occupied by any individual unable to fend for themselves, and if so, to notify the Department of Investigation before scheduling the eviction. The marshal must notify local police if unattended children are found at an eviction site. If, upon arriving at the premises, the marshal discovers that the tenant or any occupants of the unit are mentally ill, handicapped, elderly, or otherwise unable to care for themselves, the marshal must notify the Department of Investigation and the appropriate social welfare agency. The eviction must be postponed for approximately two weeks to give the appropriate social service agency an opportunity to provide assistance to such occupants.
Removal of Property and Animals
The landlord may choose between having the marshal perform an eviction or having the marshal obtain legal possession. In both, the marshal returns control of the premises to the landlord. For an eviction, the marshal must hire a bonded moving company licensed by the New York State Department of Transportation, and must direct the moving company to deliver the items removed from the premises to a warehouse licensed by the Department of Consumer Affairs. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.
If the marshal finds any living animals, he or she must notify Animal Rescue to remove the animals.
The marshal is required to prepare a written inventory of all items contained in the premises of any tenant to be evicted.
If the tenant is present at the eviction, the tenant has the right to remove any property or valuables. Property can also be released to a relative, friend or neighbor, if the marshal is satisfied that the person has the authority to take the property.
Money found and taken by the marshal must be left in the custody of the local police station, or in the marshal’s office if delivery to the police station is not possible.
After the warrant has been executed the marshal is required to notify the evicted tenants of the location of their property.
Items Not To Be Removed
The following articles are not to be removed from the premises: food, groceries, dishes encrusted with food, any fixture so attached to the realty that its removal will cause damage to the realty, rugs and wall-to-wall carpets which are firmly affixed to the floor, linoleum or tiles.