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Evictions

Landlord / tenant cases that result in an eviction are generally handled by the City Marshals. As in all other matters, the Sheriff handles evictions that involve the enforcement of a court order, usually Supreme Court judgments.

For example, if a property owner buys a property in a foreclosure sale and the tenants refuse to vacate the premises, the owner of the property would seek a court order (called an Order of Possession) that requires the tenants to do so. If the property owner receives the Order of Possession, it means that he or she is entitled to oust the tenants, and the tenants are no longer entitled to possession of the premises. The Order directs the Sheriff to put the owner in full possession of the premises and to remove all other persons and personal property that block the owner's right to the property.

A similar example would be as a result of a divorce action where one party is awarded a house, condominium, or cooperative apartment, and the other party refuses to vacate the premises.

A warrant of eviction, also known as a warrant of dispossess, is issues by the court in a summary proceeding to recover possession of real property. It is most frequently used where a landlord wishes to remove a tenant for non-payment of rent, or to remove a tenant who stays beyond the expiration of their lease (holdover).

The fee for the evictions is $130.00.

What you need to bring/send us:

  • Petition Hold Over
  • Notice of Petition Hold Over
  • Stipulation of Settlement
  • Completed Eviction Intake Form
  • Check or Money Order for $130.00 made out to "NYC Sheriff"
  • Send to County Office where property is located

Required Forms

Eviction Intake Sheet
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Eviction Form #1
Submit this form when the Sheriff is to proceed with an eviction that does not require the removal of personal property from the premises.
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Eviction Form #2
Submit this form when the sheriff is to proceed with an eviction that requires the removal of personal property and the services of a vendor, such as a locksmith, moving van, etc.
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Fee for Serving an Eviction Warrant
$ 130.00

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