A landlord in New York City cannot simply change the locks when a tenant does not leave. Even after the landlord wins an eviction case, several steps must happen before they can take back the apartment.
A New York City eviction lawyer can help a landlord follow these rules and avoid mistakes that may delay the case. One of the final steps involves a New York City marshal, who carries out the court’s eviction order.
What Does a New York City Marshal Do?
New York City marshals are public officers appointed by the Mayor. They are not City employees, but they can enforce certain court orders, including eviction warrants.
A marshal cannot remove a tenant just because a landlord asks. The landlord must first win the Housing Court case and obtain a judgment and Warrant of Eviction. The warrant gives the marshal legal authority to return possession of the property to the landlord.
The Marshal Serves a Notice of Eviction
Before carrying out the warrant, the marshal must serve the tenant with a Notice of Eviction. The marshal must first try to give the notice directly to the tenant or another suitable person at the apartment.
If that cannot be done, the marshal may post the notice on or place it under the door. The marshal must then send copies by regular and certified mail within one day.
The marshal must wait at least 14 days after serving the notice. The eviction may take place on or after the fifteenth day.
Can a Tenant Stop the Marshal?
A tenant may return to Housing Court and ask a judge to delay or stop the eviction. This is usually done through an Order to Show Cause. Simply asking for an Order to Show Cause does not stop the eviction.
The judge must sign an order that stays the eviction. If there is a valid court stay, the marshal cannot carry out the warrant until the court allows the case to move forward. In some cases, the marshal must serve a new Notice of Eviction after the stay ends.
What Happens on Eviction Day?
Marshal evictions and legal possessions may take place between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays. When the marshal arrives, they must identify themself and explain why they are there.
If the tenant does not answer the door or refuses to let the marshal in, the marshal may still enter to enforce the warrant. The locks are then changed so the landlord can regain control of the property.
Full Eviction vs. Legal Possession
The landlord generally chooses between a full eviction and legal possession. With a full eviction, the tenant’s belongings are removed under the marshal’s supervision. A licensed and bonded moving company takes the property to an approved warehouse. The marshal also prepares a written inventory.
With legal possession, the locks are changed, and possession returns to the landlord, but the tenant’s belongings stay inside. The belongings remain under the landlord’s care, although the landlord may arrange to have them moved to a private warehouse.
When a Marshal’s Notice Expires
A Notice of Eviction does not stay valid forever. If the warrant is not carried out within 30 days of the earliest eviction date listed in the notice, the marshal generally must give the tenant another notice.
A new notice may also be needed when a judge temporarily stops an eviction, and that stay later ends. These rules make sure the tenant receives warning before the marshal carries out the warrant.