🏠 Housing & Rent

Warrant of Eviction

Also called: Eviction Warrant

What it means

A court paper that tells the sheriff or a city marshal to remove the tenant from the home. Before it can be used, the officer must give the tenant at least 14 days written notice of the exact date the eviction will happen. The eviction can only happen on a business day, and only between sunrise and sunset. For a nonpayment case, paying everything owed — rent, fees, court costs — before the officer comes usually makes the judge cancel the warrant. This is called 'pay and stay' and the tenant keeps the home.

When you might hear this

You hear this after a judge rules for the landlord in housing court. It is the paper that lets the sheriff or a city marshal actually remove the tenant and their belongings. It is not the same as a notice from the landlord — only the court can issue it.

What to ask

  • What is the exact date the eviction can happen?
  • How much do I have to pay to stop it, and to whom?
  • Is there a hardship stay I can ask for more time?
  • What happens to my things if I am not home?
  • Can I get a free lawyer right now?
Source
NY RPAPL § 749 — Read the law
Checked: 2026-04-15
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.