Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

landlord tenant new york1 297x300 Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

     In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically remove the tenant from the rental premises, restoring possession to the landlord. The landlord is also seeking the authority to attach certain of the tenant’s assets to collect back rent due.

    After a landlord wins a landlord tenant eviction proceeding, the judge will issue a judgment of possession (with a money award for any back rent) and a warrant of eviction.  The judgment of possession is essentially an award by the court to the landlord of possession of the premises. In other words, it confirms the court’s finding that the landlord is entitled to reclaim the premises. The warrant of eviction gives the county sheriff the authority to physically remove the tenant from the premises.

     Often, landlords do not know what to do with the judgment and warrant of eviction that they receive from the court, as the court is reluctant to provide New York landlord tenant law tips to pro se litigants. This article will explain the basic steps a landlord can take to enforce both the judgment and warrant of eviction, and have the tenant removed.

     If the judgment of possession includes a money award for back rent, in order to have it enforced and the warrant executed you must first request that the clerk of the court issue you a transcript of judgment. The fee for this in the District Courts of Nassau and Suffolk County is $6. Once you have your judgment, transcript and warrant in hand, bring the original judgment with transcript and one copy to your county clerk’s office, whose address is listed below:

Suffolk County Clerk, 310 Center Drive in Riverhead, NY

Nassau County Clerk, 240 Old Country Road, Mineola, NY

    Request that the clerk stamp your copy as proof of filing and issue you an execution judgment. Upon payment of the requisite $10 fee, the clerk will issue you an execution judgment and will return your copy of the original judgment stamped. Retain the stamped copy for your records.

  Next, bring the execution judgment issued to you by your county clerk and at least eight copies, together with your original warrant of eviction ny and at least six copies thereof, to your county sheriff. If your judgment is for possession only with no money award, you can skip all of the above steps and proceed with your judgment and warrant directly to your local sheriff, whose address is listed below:

Suffolk County Sheriff, 360 Yaphank Avenue, Suite 1A, Yaphank, New York

Nassau County Sheriff, 240 Old Country Road, Mineola, New York

     The sheriff’s office may require you to furnish additional copies or information and will provide you with further instructions, including their schedule of fees. They have the authority to enforce your judgment and execute the warrant by physically removing your tenant from the rental property following eviction ny procedures.

     The sheriff’s office will first serve a 72-hour notice on the tenants, informing them that they have 72-hours to vacate the rental premises, or they will be physically removed.  The service of this notice is required by New York landlord tenant law and is made personally by uniformed deputies who come to the house. While they are there, they will note the number of rooms of furniture in order to calculate the fee they must charge in the event that they have to return to physically remove the tenants. Most tenants vacate before the 72-hour deadline.  For those who do not, the sheriff will return and physically remove the tenants and their property from your rental premises, and you will be able to retake possession at that time.

Comments

  1. John says

    Hello,

    Before the warrant comes for the eviction process can you still collect back rent that is owed?

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