Warrant of Eviction NYC: Your Last Chance to Stop Eviction

For any tenant in New York City facing housing issues, the phrase "Warrant of Eviction" can sound incredibly intimidating – and for good reason. It represents the final stage of the eviction process, signaling that your tenancy is nearing its end. At LawHax, we believe that understanding this critical legal document is crucial for protecting your rights and knowing what to expect.

If you've received a notice about a Warrant of Eviction, it's vital to act quickly. Here's what you need to know.

What Exactly is a Warrant of Eviction?

Simply put, a Warrant of Eviction is a legal document issued by the Housing Court that authorizes the NYC Marshal to evict a tenant. It's the culmination of a successful eviction lawsuit filed by your landlord.

Think of it this way:

• Your landlord files an eviction case and wins.

• The court issues a judgment of possession to the landlord, stating they have the right to take possession of the apartment.

• Based on this judgment, the court then issues the Warrant of Eviction, which is the actual order for the Marshal to remove you and your belongings.

Crucially, a Warrant of Eviction is not the same as an eviction notice from your landlord, a court summons, or even a court order granting possession to the landlord. It's the final, enforceable order to evict.

How Much Time Do You Have After a Warrant is Issued?

This is often the most pressing question for tenants. Once a Warrant of Eviction is issued by the court and delivered to the NYC Marshal, the Marshal must serve you with a Marshal's Notice of Eviction (also known as a "72-Hour Notice" or "14-Day Notice").

Here's the breakdown:

• 14-Day Notice: In most residential cases, the Marshal is required to provide you with at least 14 days' written notice before they can carry out the actual eviction. This notice must be served in a specific legal manner (e.g., delivered personally or posted conspicuously on your door). This 14-day period starts from the date the Marshal serves you this notice, not necessarily the date the warrant was issued by the court.

• "72-Hour Notice": While the legal requirement is 14 days, many people still refer to a "72-hour notice." This harks back to an older rule. However, you should always rely on the 14-day notice as the minimum legal requirement in NYC residential evictions. It's crucial to check the specific notice you receive from the Marshal for the exact date and time.

Important: This 14-day period is your last window of opportunity to try and stop the eviction.

What Does a Marshal Do?

The NYC Marshal is a law enforcement officer responsible for enforcing civil court orders, including evictions. Their role in an eviction is to:

1. Serve the Notice: Deliver the official 14-day (or 72-hour) Marshal's Notice of Eviction to the tenant.

2. Execute the Eviction: On the date and time specified in the notice, the Marshal will arrive at the apartment. They will oversee the removal of the tenant and their belongings.

3. Supervise Lockout: The Marshal ensures that the locks are changed and that the landlord gains legal possession of the premises.

Marshals are authorized to use reasonable force if necessary to carry out the eviction. They are typically accompanied by movers hired by the landlord to clear out the apartment. Your belongings will usually be placed on the street or put into storage (at your expense), depending on various factors and local regulations.

Can a Warrant of Eviction Be Stopped?

The good news, even at this late stage, is yes, it can sometimes be stopped or delayed, but it requires immediate and decisive action.

Here are the primary ways a Warrant of Eviction can be stopped or "stayed":

1. Order to Show Cause (OSC): This is the most common method. You (or your attorney) can file an Order to Show Cause with the Housing Court asking a judge to "stay" (temporarily halt) the eviction. You must present a valid legal reason why the eviction should be stopped. Common reasons include:

   • You have paid all the rent owed (if it was a non-payment case).

   • You have cured the lease violation (if it was a holdover case).

   • There was a procedural error in the landlord's case.

   • You have a compelling personal hardship (e.g., medical emergency, pending public assistance).

   • You never received proper notice of the court case.

   • You have found a new apartment and need a few extra days to move.

   When you file an OSC, the court will typically issue an interim stay, temporarily pausing the eviction until a judge can hear your arguments. You will then have a court date to explain why the eviction should be permanently stopped or delayed.

2. Payment in Full: If the eviction is for non-payment of rent, and you can pay the full amount of rent owed, plus any court fees, the landlord might be required to accept the payment and the warrant could be vacated. However, this often requires a court order, especially if the warrant has already been issued.

3. Agreement with Landlord: Although less common at this stage, if you can reach a new agreement with your landlord (e.g., a payment plan, an agreement to move out by a specific date), they can instruct the Marshal to stop the eviction or vacate the warrant. Any such agreement should always be in writing and ideally "so-ordered" by the court.

Time is of the Essence!

If you receive a Marshal's Notice of Eviction, do not wait. Every hour counts.

• Contact Legal Aid or a housing attorney immediately. Many free legal services are available for NYC tenants.

• Gather all relevant documentation: Proof of payment, communication with your landlord, court papers, etc.

• Do not ignore the notice. It will not go away.

Understanding the Warrant of Eviction and knowing your options can make a critical difference in whether you can successfully stop or delay the final act of eviction. Empower yourself with knowledge and seek legal help without delay.