What the paper means
In many states, a writ of possession is the court order that authorizes a sheriff or marshal to put a landlord or owner back in possession of property after a judgment. In New York housing court, the comparable document is usually called a warrant of eviction, and a city marshal or sheriff carries it out after serving a written notice. Removal is done by that officer under the court's authority; a landlord who changes the locks or takes out belongings without going through the process is generally acting unlawfully in New York. The same kind of order also appears outside apartment leases, in commercial tenancies, in cases after a foreclosure sale, and in ejectment cases between owners and occupants.
How much time there is and what can still be done
The window between the notice and the removal is usually short, so the first step is to find the court, the index number, and the date on the notice. A tenant or occupant may ask the court to stay or vacate the warrant or writ, usually by an order to show cause, and the grounds depend on the case. In some nonpayment cases, paying what the judgment requires, or showing another good reason, can support that request. If the judgment was entered by default, a court generally wants both a reasonable excuse for missing the case and a real defense. Rental assistance applications and other programs can sometimes matter too, but they do not stop the process unless a court or the program's rules say so.
For owners and landlords
An owner obtains a writ of possession through a judgment, then works with the sheriff or marshal on scheduling and notice. Skipping steps, cutting utilities, or removing belongings informally can expose an owner to liability and undo the progress of the case. In a first consultation, whichever side you are on, we look at the judgment and the notice, the stage the case has reached, and what can realistically be done in the time remaining. We also look at what happens to property left behind and whether any related payment dispute should be handled separately.
