Who carries it out and when
After a judgment of possession, the court issues a warrant of eviction, and in New York the removal is carried out by a city marshal in New York City or by a sheriff or other officer elsewhere, never by the landlord personally. The occupant must receive a written notice before the eviction date, and the marshal or sheriff schedules the actual removal. A landlord who changes locks or removes belongings before an officer carries out the warrant can face liability, even with a judgment in hand. Landlords should also keep in mind that accepting rent after a judgment may complicate enforcement in some situations.
Asking the court for time
A tenant can ask the court to stay or delay the eviction, usually by bringing an order to show cause, and judges consider reasons such as hardship, a pending application for assistance, or problems with how the case was handled. In a nonpayment case, paying what the judgment requires before the eviction is carried out can be a basis for asking the court to stop it. The request should be made as soon as the notice arrives, not on the morning of the eviction. Requests made after removal are much harder, though courts can restore occupants in limited circumstances.
Belongings and the day itself
What happens to belongings left behind depends on local practice and on the officer, so ask well before the date rather than assuming. Arrange storage, moving help, and a place to stay if a move is likely, and keep important papers and medications with you. For landlords, coordinate with the marshal or sheriff, confirm what to expect on the day, and plan for securing the unit afterward. Reviewing your matter, we go through the judgment, the notice, how much time remains, and whether a stay, a move-out agreement, or a smooth transition is the realistic goal.
