From Judgment to Possession: The Warrant of Eviction Process in New York

After you commence an eviction case and either settle it with a judgment of possession or have the judge grant one following trial, the process is far from over. Simply presenting that judgment to the tenant and asking them to leave won’t accomplish much — unless, of course, they are willing to go voluntarily. Once judgment is entered, the case officially moves into the next phase: enforcement.

Eviction Timeline: From Judgment to Possession

Step	What Happens	Typical Timing
Judgment of Possession Entered	The court rules that the landlord is entitled to possession of the apartment.	Day 0 — the reference point for the rest of the timeline.
Marshal Retained & Warrant Requested	The landlord’s attorney retains a Marshal (or Sheriff, where applicable) and submits the paperwork requesting a warrant of eviction.	—
Court Issues the Warrant of Eviction	The court issues the warrant of eviction.	Often several months, depending on the county and court backlog.
Notice of Eviction Served	The Marshal serves the tenant with the statutory 14-day Notice of Eviction under RPAPL § 749(2), stating the earliest eviction date.	At least 14 days before the earliest eviction date.
Order to Show Cause (Possible Stay)	The tenant may file an Order to Show Cause under CPLR § 2201 / RPAPL § 753 seeking to stay the eviction. If granted, the court may delay execution of the warrant.	If granted, may delay execution by up to one year.
Marshal Executes the Warrant	The Marshal executes the warrant on a business day between sunrise and sunset, restoring possession of the property to the landlord.	On or after the earliest eviction date.

Requesting the Warrant of Eviction: The Marshal’s Role

Once judgment is issued, your attorney will promptly retain a Marshal (citywide) or Sheriff (Long Island), who has the legal authority to carry out the eviction. For simplicity, we’ll use the Marshal as our example. In practice, your attorney submits the paperwork requesting a warrant of eviction from the court on the Marshal’s behalf, and the court then issues it. How long this takes varies by county.

The Marshal’s 14-Day Notice of Eviction Under RPAPL § 749(2)

Because of heavy court caseloads, issuance can sometimes take more than six months. Once the Marshal obtains the warrant, RPAPL § 749(2) requires them to serve the tenant with a notice of eviction, giving the tenant at least 14 days to vacate before the warrant is executed. This notice also states the manner of eviction, how the tenant can stop it, where to get help, and — most importantly — the earliest eviction date (EED). The eviction itself must take place on a business day, between sunrise and sunset.

Can Tenants Stay an Eviction? The Order to Show Cause

Tenants can file an Order to Show Cause to stay execution of the judgment and warrant of eviction, pursuant to CPLR § 2201 and RPAPL § 753. The Housing Court judge has the authority to grant a stay of up to one year if the court finds that the application was made in good faith and that, despite due and reasonable efforts, the tenant cannot secure comparable alternative housing in the same neighborhood, or that eviction would otherwise cause extreme hardship. That stay is usually conditioned on the tenant paying use and occupancy. In other words: after all the legal fees, the delays from an overcrowded court calendar, the repeated adjournments, and finally winning a judgment of possession with the warrant issued, you may still face up to a year-long stay. The one upside is that sometimes you’ll be compensated through use and occupancy payments — even though that was never really the goal.

Once a tenant files the Order to Show Cause and the judge signs it, scheduling a hearing for a final decision, the eviction is temporarily stayed until that hearing date. At the hearing, the judge reviews both parties’ written submissions and hears oral argument before deciding whether to maintain or lift the stay, based on good cause and the interests of both sides.

If the court grants the stay and sets a new eviction date, the warrant cannot be executed until that new date. If the stay is denied, the Marshal may proceed with execution of the warrant whenever re-service of the notice of eviction is not required by law or the court.

When Must the Marshal Re-Serve the Notice of Eviction?

In certain situations, the Marshal must re-serve the notice of eviction. The purpose of this notice is to ensure the tenant receives adequate warning before an eviction takes place. If too much time passes after delivery, the notice becomes stale and can no longer be relied upon. Re-service is required when:

• More than 30 days have passed since the earliest eviction date (EED) specified in the prior notice, and the warrant still has not been executed; or
• A court order stayed the eviction after service of the notice of eviction, and that stay later expired or was vacated — unless the court specifically authorized the landlord to evict without serving a new notice. In that case, the landlord may proceed without re-serving, provided the warrant is executed within three business days of the court-authorized earliest eviction date.

Re-service must be carried out the same way as the original notice, unless the court orders otherwise. Usually, the court will allow this to be simplified to mailing only, without in-person service. The 14-day grace period is mandatory and cannot be shortened.

Special Protections for Vulnerable Occupants

Specially protected occupants are subject to additional rules. If the Marshal discovers that the occupants are mentally ill, disabled, elderly, or otherwise unable to care for themselves, the Marshal must notify the Department of Investigation and the appropriate social services agency. The eviction will be postponed to give that agency an opportunity to provide assistance to the affected occupants. To save time, landlords should conduct appropriate due diligence in advance and give the Marshal notice so the special procedure can be prepared.

After the Eviction: Recovering Possession (and Avoiding Liability)

Once you’ve made it through all the challenges described above and successfully evicted the tenant — congratulations, you’ve recovered possession of your property. Sometimes the Marshal removes only the tenant, leaving personal property behind. Tenants in that situation will typically return to court and file an Order to Show Cause to recover their belongings. To avoid an unnecessary property-damage lawsuit, the landlord should hold the premises “as is” for a short period, in case the court grants the tenant’s Order to Show Cause to retrieve their personal property.

Post-Eviction Remedies: Restoring Tenants to Possession

If tenants did not apply for an Order to Show Cause before being evicted by the Marshal, they still have the option of filing a post-eviction Order to Show Cause seeking to be restored to possession. If the notice of eviction was defectively served, or the Marshal carried out the eviction improperly, the tenant can allege an illegal lock-out and seek restoration. Tenants may also challenge the eviction on jurisdictional grounds — for example, a defective predicate notice, a defective petition, or a defective judgment — and seek to be restored to possession on that basis as well.

Never Attempt a Self-Help Eviction in New York

Although the Marshal’s eviction process can be time-consuming, never attempt a shortcut such as a self-help eviction. Recovering possession of residential property against a tenant’s will is always illegal without the Marshal’s involvement. It is quite common for landlords to be sued by tenants over property damage stemming from an illegal self-help eviction — an avoidable lawsuit that costs both time and legal fees.

Key Takeaways for New York Landlords

Eviction after litigation is far more complicated than most people expect. For your own protection, consult and retain experienced legal counsel, and follow their guidance closely.

Whether you are requesting a warrant of eviction, responding to a tenant’s Order to Show Cause, or enforcing a judgment of possession, Alpha Law represents landlords, property managers, and investors throughout New York City. Contact our Landlord-Tenant team to schedule a consultation.