Legal Question in Real Estate Law in New York

Re: evictions

The actual timing of the eviction varies, depending upon the circumstances. Ordinarily, the Court will allow the tenant a one week adjournment of the original court date (usually tenant requests time to obtain counsel). At the second court date, the court will usually issue a warrant of eviction and judgment of possession -- assuming the Landlord prepared and served the papers properly. Then, it usually takes about 1 week to actually get the warrant and judgment from the court - after one is submitted by the Landlord. After that, the papers must be delivered to the Sheriff (at least in Nassau and Suffolk Counties) with the appropriate fees. Then, you wait for the Sheriff to evict (after Sheriff gives Tenant 48 hours notice). The last step -- waiting for the Sheriff -- usually takes the longest amount of time- 4 -12 weeks or more, depending upon the Sheriff's caseload.

The best way to handle this type of situation is to try to negotiate a settlement with tenant at the first court date (i.e., giving them a certain period of time to get out, waiving past rent if they get out by the agreed date, etc., and getting tenant to consent to warrant and judgment).

Note: This reply is given for informational purposes only. An attorney/client relationship has not been established. You should consult with an attorney.