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How NYC Landlords Obtain a Warrant of Eviction: A Practical Guide

 

 

    Eviction cases in New York City often culminate in the issuance and execution of a warrant of eviction, which authorizes a New York City Marshal to remove a tenant from the premises. While nonpayment proceedings and holdover proceedings involve different substantive legal requirements, the process of obtaining and executing a warrant is generally similar once the landlord obtains a judgment of possession.

 

    This guide explains the practical workflow for obtaining a warrant of eviction in NYC Housing Court, common delays landlords encounter, and misconceptions about the eviction process.

 

    For an overview of Housing Court procedure, see: How NYC Landlord-Tenant Proceedings Work: A Practical Guide for Nonpayment and Holdover Cases.

 

    Landlords should also be aware that New York’s Good Cause Eviction Law may affect the viability of certain holdover proceedings and lease nonrenewals. See: Understanding New York’s Good Cause Eviction Law.

 

What Is a Warrant of Eviction in New York?

 

    A warrant of eviction is a court-issued directive authorizing a New York City Marshal to remove occupants from the premises and restore possession to the landlord. A landlord cannot lawfully evict a tenant without:

 

1. A judgment awarding possession to the landlord;
2. Issuance of a warrant of eviction by the Housing Court; and
3. Service of a 14-day notice of eviction by a NYC Marshal.

 

How Does a Landlord Obtain a Warrant of Eviction?

 

    The chart below outlines the typical paths to obtaining and executing an eviction warrant in NYC Housing Court:

 

 

 

Step 1: Obtain a Judgment of Possession

 

    A warrant of eviction cannot be issued unless the landlord first obtains a judgment of possession. The judgment may be obtained through:

 

• A stipulation of settlement;

• Tenant default;

• Summary judgment or motion practice; or

• Trial.

 

    In practice, many NYC landlord-tenant cases resolve through stipulations of settlement. Common reasons tenants agree to a final judgment of possession include:

 

1. The tenant intends to vacate the apartment;
2. The landlord offers a payment plan in a nonpayment case;
3. The tenant seeks additional time to relocate;
4. The tenant wants to avoid further litigation costs; or
5. The tenant believes the defenses are weak or unlikely to succeed.

 

    In nonpayment proceedings, stipulations frequently provide that the landlord may seek issuance of a warrant if the tenant defaults under a payment schedule.

 

Step 2: Prepare the Warrant Requisition

 

    Once the landlord is entitled to seek issuance of the warrant, the landlord or counsel typically prepares the warrant paperwork for the Marshal. The required documents vary depending on how the judgment was obtained and the practices of the assigned court part, but commonly include:

 

• Warrant requisition form;

• Affidavit of non-military service (if Tenant defaulted); and

• Default affidavit (if Tenant defaulted).

 

    The warrant itself is generally filed through the NYC Marshal, not directly by the landlord or attorney.

 

Step 3: Court Issues the Warrant

 

    After submission, the Housing Court reviews the request and, if approved, issues the warrant of eviction.

 

   Processing times vary dramatically by borough, court part, staffing conditions, and case posture. In some Bronx and Brooklyn parts, issuance delays can extend for weeks and even months. A common misconception is that the warrant issues automatically upon entry of judgment. That is incorrect. The judgment merely authorizes the landlord to request issuance of the warrant.

 

Step 4: Marshal Serves the 14-Day Notice of Eviction

 

    After the warrant is issued, the Marshal serves a 14-day notice of eviction pursuant to RPAPL § 749. The notice advises the tenant of the earliest date on which the eviction may occur.

 

    Even after issuance of the warrant, the Marshal cannot execute the eviction until:

 

• The 14-day notice period expires; and

• Any court-imposed stay or restriction expires.

 

Step 5: Execution of the Eviction

 

    Once the notice period expires, the Marshal coordinates the eviction with the landlord or property manager. On the scheduled date, the landlord should ensure:

 

• Access to the premises;

• Building personnel are available if needed; and

• Compliance with all marshal instructions.

 

    After execution, possession is restored to the landlord.

 

Common Delays in NYC Evictions

 

Orders to Show Cause (“OSC”)

 

    The most common cause of eviction delay is the tenant’s filing of an Order to Show Cause (“OSC”). An OSC is an emergency application requesting the court to stay or postpone the eviction.

 

Common grounds include:

 

• Claim of payment;

• Request for additional time;

• Alleged improper notice;

• Pending rental assistance applications;

• Medical hardship; or

• Alleged defective conditions.

 

    Housing Court judges frequently grant temporary stays to review the tenant’s claims. Repeated OSC applications with weak grounds are less likely to receive extended stays, but outcomes vary significantly by judge and circumstances.

 

Earliest Execution Date (“EED”) Restrictions

 

    Judgments or stipulations often contain an Earliest Execution Date (“EED”), which delays enforcement of the warrant until a specified date. Even if the warrant is issued before that date, the Marshal cannot execute the eviction until the stay expires.

 

Payment After Judgment

 

    In nonpayment proceedings, partial or full payment after judgment may substantially affect the eviction timeline.

 

    For example:

 

• Full payment of all rent arrears may resolve the proceeding entirely, depending on the stipulation or court order;

• Partial payment may require recalculation of the arrears;

• Acceptance of post-judgment payments without proper documentation can create disputes regarding waiver or reinstatement rights.

 

    Landlords should document all payments carefully and coordinate with counsel before accepting substantial post-judgment payments.

 

    For more on procedural mistakes that can derail Housing Court cases, see: Common Pitfalls in NYC Eviction Proceedings for Landlords.

 

Common Misconceptions About NYC Warrants of Eviction

 

“The Warrant Is Issued Immediately After Judgment”

 

    Incorrect.

 

    A judgment of possession only authorizes the landlord to request issuance of the warrant. Court processing delays and document deficiencies frequently delay issuance.

 

“Once the Warrant Is Issued, the Tenant Can Be Removed Immediately”

 

    Incorrect.

 

    Before eviction can occur:

 

• The warrant must be issued;

• The Marshal must serve a 14-day notice of eviction; and

• Any stays or OSCs must be resolved.

 

“Service of the Marshal’s Notice Guarantees the Eviction Will Occur”

 

    Not necessarily.

 

    The tenant may still seek emergency court relief through an OSC, and Housing Court judges often issue temporary stays pending review. As a result, eviction scheduling in NYC can remain unpredictable even after the Marshal’s notice is served.

 

“The Attorney Personally Files the Warrant”

 

    In NYC Housing Court practice, the Marshal generally files or presents the warrant paperwork to the court after receiving the required documents from the landlord or attorney.

 

Final Thoughts

 

    Obtaining and executing a warrant of eviction in NYC is often more complicated and time-consuming than landlords expect. Even after securing a judgment of possession, delays caused by court processing, OSC applications, payment disputes, or procedural defects may significantly postpone enforcement.

 

    Landlords, property managers, and attorneys should ensure that warrant paperwork is accurate, promptly submitted, and coordinated carefully with the assigned Marshal to avoid unnecessary delays.