This page explains New York law on the last stage of a summary eviction case: the judgment, the warrant of eviction, the officer's notice and the stays a tenant can still seek. It applies to residential and commercial premises, with differences noted. KOR Law LLP's landlord representation practice represents commercial and residential landlords in non-payment, holdover and lease enforcement matters, from the first notice through the warrant.
What does the judgment give the landlord?
At the end of the case the court directs entry of a final judgment determining the parties' rights and awards costs of the proceeding to the winner (RPAPL 747(1)). In a non-payment case the judgment usually includes the rent found due. A possessory judgment does not bar a separate action for possession, and an action for equitable relief that could not be raised in the summary case can be brought within 60 days of the judgment (RPAPL 747(2)).
The judgment is not the eviction. "Upon rendering a final judgment for petitioner, the court shall issue a warrant" directed to the sheriff of the county or to a constable or marshal of the city where the property is, describing the property, stating the earliest date on which execution may occur under the court's order, and commanding the officer to remove the people named (RPAPL 749(1)). In the New York City Civil Court, once the court has decided a warrant should issue, the clerk may sign it (New York City Civil Court Act 204).
How does the warrant get executed, step by step?
- Judgment entered. The court decides the case and enters judgment (RPAPL 747).
- Warrant requested and issued. CourtHelp explains that after the judgment the landlord gives the court clerk a warrant of eviction for signature. The warrant states the earliest execution date (RPAPL 749(1)).
- Hire the officer. Once the warrant is signed, the landlord can hire a marshal, sheriff or constable, and CourtHelp notes there is a fee for this.
- Officer's notice. The officer gives at least 14 days' written notice, served the way a notice of petition is served, to the people to be evicted (RPAPL 749(2)(a)). CourtHelp calls this the Notice of Eviction.
- Animals and belongings. Before executing, the officer checks for companion animals and coordinates their care, or their removal by a humane society or pound if the occupants cannot be found or decline (RPAPL 749(2)(b)).
- Execution. The officer executes the warrant on a business day between sunrise and sunset (RPAPL 749(2)(a)).
- Collect the money. A money judgment for rent is enforced separately, with the tools described in what happens after a money judgment is entered in New York.
| Event | Effect | Rule |
|---|---|---|
| Officer's notice not yet run | No eviction until at least 14 days after written notice | RPAPL 749(2)(a) |
| Tenant deposits rent and costs before the warrant issues | Stay of issuance in a rent default case | RPAPL 751(1) |
| Full rent tendered or deposited before execution (non-payment judgment) | Court must vacate the warrant unless the landlord proves bad-faith withholding | RPAPL 749(3) |
| Good cause shown before execution | Court may stay or vacate the warrant | RPAPL 749(3) |
| Dwelling, hardship and good faith shown | Stay of up to one year, conditioned on deposits | RPAPL 753(1), (2) |
| Dwelling case based on a lease breach | Mandatory 30-day stay to cure | RPAPL 753(4) |
Can the tenant still stop the eviction?
Sometimes, and the rules differ by case type. The court keeps the power "to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant" (RPAPL 749(3)). CourtHelp notes that a tenant can ask the court to stop an eviction by order to show cause.
In a non-payment judgment, money ends the case: the court "shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner establishes that the tenant withheld the rent due in bad faith" (RPAPL 749(3)). Earlier in the case, a tenant holding over after a rent default can stay issuance of the warrant by depositing the rent, interest and costs, or giving an approved undertaking to pay within ten days (RPAPL 751(1)).
Residential tenants have more. For premises used as a dwelling, the court may stay the warrant for up to one year if the tenant applies in good faith and cannot find similar housing in the neighborhood despite reasonable efforts, or if eviction would cause extreme hardship, considering factors such as serious ill health and a child's enrollment in a local school, as well as the hardship to the landlord (RPAPL 753(1)). The stay is conditioned on the tenant depositing use and occupancy for the period, and the deposit may include unpaid rent (RPAPL 753(2)). It is not available against an occupant the landlord proves objectionable (RPAPL 753(3)). When the case is based on a lease breach, the court must grant a 30-day stay to cure (RPAPL 753(4)).
Why not just change the locks?
For dwellings, self-help is unlawful and expensive. It is unlawful to evict or try to evict an occupant who has lawfully occupied a dwelling unit for 30 days or more, or who has a lease, except under a warrant, court order or government vacate order, by force, by interrupting essential services, by removing possessions or the door, or by changing the lock without giving a key (RPAPL 768(1)(a)). Intentional violations are a class A misdemeanor and carry a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day, for up to six months, for failing to restore the occupant (RPAPL 768(2)). The warrant process exists so that an officer, not the landlord, recovers possession.
What changes the answer?
- Non-payment or holdover. Payment of full rent vacates a non-payment warrant absent bad faith (RPAPL 749(3)); holdovers turn on the right to possession.
- Dwelling or commercial premises. The one-year hardship stay and the 30-day cure stay apply to dwellings (RPAPL 753).
- The court's order. The warrant states the earliest execution date the court set (RPAPL 749(1)), and a stipulation may set its own dates.
- An objectionable occupant. The dwelling stay does not apply if the landlord proves it (RPAPL 753(3)).
- Pending deposits. In New York City, use and occupancy deposits ordered during the case affect timing and what the landlord receives (RPAPL 745(2)).
- Re-letting. On good cause, the court may stay re-letting or renovation for a reasonable time (RPAPL 749(1)).
- A commercial tenant's injunction. In a commercial lease dispute, a court order can keep the lease alive before any case is filed; see what a Yellowstone injunction means for the landlord.
For example: a holdover judgment against a former office tenant in Manhattan
For example, imagine an owner of a small Manhattan office building whose tenant's lease expired and who stayed on without paying. (This is a made-up illustration, not a real client or result.) After a holdover trial in Part 52 of the Civil Court, the court awards possession and use and occupancy, and the clerk signs the warrant, which states the earliest date it can be executed (RPAPL 749(1); New York City Civil Court Act 204).
The owner hires a city marshal, who serves a written notice giving at least 14 days (RPAPL 749(2)(a)). Ten days later the tenant moves by order to show cause for more time, arguing it needs to move equipment. Because this is commercial space, the dwelling stays of RPAPL 753 do not apply, and the question is whether the court finds good cause to stay the warrant (RPAPL 749(3)). The owner separately plans to enforce the money award.
Common mistakes
- Treating the judgment as the end. Possession requires the warrant and an officer (RPAPL 749).
- Changing the locks on a dwelling. Self-help is unlawful and carries penalties (RPAPL 768).
- Refusing full rent tendered before execution. The court must vacate a non-payment warrant unless bad faith is proved (RPAPL 749(3)).
- Agreeing to a stipulation without dates. Vague payment terms invite more motions.
- Ignoring the tenant's property and animals. The officer must address companion animals (RPAPL 749(2)(b)).
- Forgetting the money judgment. Possession does not collect the arrears.
What to do this week
- Get a copy of the judgment and confirm what it awards: possession, money, or both.
- Submit the warrant for signature and note the earliest execution date.
- Contact a marshal or the sheriff and confirm the fee and timing.
- Keep a record of any rent offered or deposited after judgment.
- Plan for the tenant's belongings and any animals with the officer, and work out how any security deposit will be applied under a New York landlord's security deposit obligations.
- Speak with counsel about enforcing the money judgment and any guaranty.
Frequently asked questions
Who carries out evictions in New York City?
The warrant is directed to the sheriff of the county or to a constable or marshal of the city (RPAPL 749(1)). CourtHelp explains that the landlord hires the marshal, sheriff or constable and pays a fee.
Can the officer evict on a weekend or at night?
No. The warrant must be executed on a business day between sunrise and sunset (RPAPL 749(2)(a)).
Can a tenant be restored after the eviction?
Yes, the court has the power to restore a tenant to possession after the warrant is executed (RPAPL 749(3)), usually only on a strong showing. That is one reason landlords should not re-let in a rush; the court may also stay re-letting for good cause (RPAPL 749(1)).
What if the tenant was a business with a guarantor?
The guarantor is sued separately on the guaranty. Guaranty defenses are discussed in what defenses a personal guarantor has when a New York lender sues.
How did we get here, and could the case have gone faster?
Most timing is set before the case starts, beginning with the rent demand described in how a commercial non-payment case works in New York City. For expiring tenancies, the clock starts with the notice a New York landlord must give before a holdover case.
Who pays the landlord's legal fees?
The judgment awards costs of the proceeding to the winner (RPAPL 747(1)); attorney's fees depend on the lease and, for residential premises, a reciprocal statute. See whether a New York landlord can recover attorney's fees from a tenant.