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. This is the foundation of the eviction process in NY.
What Happens After You Win an Eviction Case in New York?
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 at the conclusion of the eviction process.
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 at the conclusion of the court eviction process to have the tenant removed.
How Do You Enforce a Judgment of Possession in New York?
If your judgment of possession includes a money award for back rent, there are several steps you must complete before the warrant can be executed.
Step 1: Request a Transcript of Judgment
Start by requesting that the clerk of the court issue you a transcript of judgment. In the District Courts of Nassau and Suffolk County, the fee for this is $6. Once you have your judgment, transcript, and warrant in hand, bring the original judgment with the transcript and one copy to your county clerk’s office.
Suffolk County Clerk, 310 Center Drive in Riverhead, NY
Nassau County Clerk, 240 Old Country Road, Mineola, NY
Step 2: Obtain an Execution Judgment
Ask the clerk to stamp your copy as proof of filing and to issue you an execution judgment. Upon payment of a $10 fee, the clerk will issue the execution judgment and return your stamped copy of the original judgment. Keep the stamped copy for your records.
How to Bring Your Warrant of Eviction to the County Sheriff
Once you have your execution judgment, bring it along with at least eight copies to your county sheriff’s office. You will also need to bring your original warrant of eviction and at least six copies of it. If your judgment is for possession only with no money award, you can skip the clerk steps above and bring your judgment and warrant directly to the sheriff.
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 ask you for additional copies or information and will give you further instructions, including their schedule of fees. They have full authority to enforce your judgment and execute the warrant by physically removing your tenant from the rental property.
What Is the 14 Day Notice and What Happens Next?
Before physically removing a tenant, the sheriff’s office is required by New York landlord-tenant law to first serve a 14 Day Notice on the tenant. This notice informs the tenant that they have 14 days to vacate the rental premises or they will be removed by law enforcement. The notice is served in person by uniformed deputies who come directly to the property.
While the deputies are at the property serving the notice, they will count the number of rooms of furniture. This is used to calculate the fee the sheriff will charge if they need to return to carry out the physical removal. In most cases, tenants vacate before the 14 day deadline. For those who do not, the sheriff will return and physically remove the tenants and their belongings from the property, and the landlord will be able to retake possession at that time.
Do You Need a Lawyer to Enforce a Warrant of Eviction in New York?
You are not legally required to hire an attorney to enforce a warrant of eviction in New York, but having experienced legal guidance can prevent costly mistakes. The process involves multiple steps, strict deadlines, and specific filing requirements at both the court and the county clerk’s office. Missing any one of these steps can delay the eviction and leave you without possession of your property for weeks or longer.
At Long Island Eviction Law Firm, PLLC, our team has over 40 years of combined experience handling eviction cases for landlords across Nassau and Suffolk County. We have successfully managed thousands of cases and can guide you through every step of the enforcement process, from obtaining your transcript of judgment to coordinating with the sheriff’s office.
Frequently Asked Questions About Enforcing Eviction Judgments in New York
The timeline can vary depending on the sheriff’s schedule and caseload. After you file with the sheriff’s office and pay the required fees, the sheriff will serve the 14 day notice on the tenant. If the tenant does not vacate within that window, the sheriff will schedule the physical removal. The entire process from filing with the sheriff to regaining possession can take anywhere from three to twelve weeks, depending on the sheriff’s schedule. You can call the sheriff’s office and ask them what the current backlog timeframe is for evictions.
The sheriff’s office charges a fee for the service of the 14 day notice, which is similar to a process server fee, and varies dependent on the number of people you are evicting, and the mileage (how far away the apartment is from the sheriff’s office). The sheriff then charges another much higher fee to come back and do the physical eviction. This moving fee varies based on the number of rooms of furniture at the property. You will receive a full fee schedule from the sheriff’s office when you file.
If the tenant does not vacate within the 14 day window, then on the 15th day, you must let the sheriff’s office know. The sheriff will then tell you how much it will cost to have them return and physically remove your tenant and their belongings from the property. Once you make your payment, the sheriff will schedule the physical eviction. The landlord does not need to take any additional court action at that point. The sheriff handles the physical removal entirely.
In some cases, a tenant may file an emergency motion with the court to stay the execution of the warrant. Courts can grant short-term delays under certain limited circumstances. If you are facing a challenge like this, it is important to speak with an eviction attorney as quickly as possible to protect your rights as a landlord.
When the sheriff executes the warrant, the tenant’s personal property is typically removed from the premises, along with the tenant. In Nassau County, the landlord is required to pay for 30 days of storage in a storage facility, and pay a moving company to move the tenant’s belongings into the storage facility. Suffolk County does not require the landlord to store the tenant’s belongings. In Suffolk County, the tenant’s belongings are placed on the curb outside of the rental unit. The sheriff’s deputies handle the removal, and the landlord retakes possession once the property is clear.
A judgment of possession is the court’s official ruling that the landlord is entitled to reclaim the property. It may also include a money award for any unpaid rent. A warrant of eviction is the separate document that gives the sheriff the legal authority to physically carry out the removal. Both documents are typically issued together at the end of a successful eviction proceeding.
Yes. Even if the tenant has already vacated the property, a money judgment for back rent can still be enforced. You can pursue collection through wage garnishment or bank levies. The execution judgment you obtain from the county clerk is the tool used to begin that collection process.
