What Is the Procedure to Evict a Tenant in New York?


Quick Answer

To evict a tenant in New York, the court must issue a warrant of eviction, according to the New York State Unified Court System. The warrant of eviction authorizes a landlord to hire the services of a marshal or a sheriff to evict the tenant. The warrant of eviction nullifies any rights the tenant had on a premise.

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Full Answer

The marshal has the responsibility of evicting a tenant from the premises of the landlord, explains the City of New York Department of Investigation. While carrying out this responsibility, the marshal has to ensure that locks, which provide an entrance to the premises, are changed. However, before eviction, the marshal has a responsibility to notify the tenant of the intention to evict him. The marshal or sheriff should write a notice, explaining to the tenant the existence of a warrant of eviction.

The marshal has the responsibility of serving the tenant with a notice of eviction in a similar manner the tenant received a notice of petition, states the DOI. It is the duty of a landlord or his attorney to prepare a notice of petition. The court may allow the petition to sail through if the tenant fails to pay rent, uses the house for illegal purposes, or violates his or her agreement with the landlord.

The process of eviction normally occurs between Monday and Friday, notes the New York State Unified Court System. However, the process does not take place during legal holidays.

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