NYCourts.govNew York State Unified Court System
CourtHelp

Being Evicted

In an eviction, a law enforcement officer, like a Marshal, Sheriff, or Constable, comes to your home, changes the locks, or removes your things, and makes you and your family leave. It is illegal for a landlord or owner to change your locks and evict you if you have lived in the home for more than 30 days. Only a Marshal, Sheriff or Constable can evict you and only after the landlord has taken you to court and won a judgment against you. If the landlord changes your locks without a court order, call the police, 911.

 

Notice of Eviction

If the landlord wins a judgment against you, you will get a 72-hour Notice of Eviction paper from a Marshal, Sheriff or Constable. This tells you that you will be evicted from your home in a few days. This can happen even when you miss your court date. You can call the number on the 72-hour Notice of Eviction and ask when your eviction is going to happen.

You are entitled to more notice if you live in a mobile home and rent space in a mobile home park from the park owner or operator. You are entitled to a 30 day Notice of Eviction for a nonpayment case, or a 90 day Notice of Eviction for a holdover case.

Rent Demands, Termination Notices and Notices of Petition and Petitions, are not the same as a Notice of Eviction. Getting these papers means that the landlord plans to start, or started, a case against you. Read the papers you get. Only the 72-hour Notice means you are being evicted.

 

Stopping an Eviction

To stop an eviction you need to ask the court in writing by filling out an Order to Show Cause and bringing it to the courthouse as soon as possible. If the judge signs the Order to Show Cause with a stay of the eviction, this will stop the eviction after you deliver the court papers to the landlord until you come back to court on the new court date. Read How to Ask the Court For Something to learn about Orders to Show Cause. If the landlord got a default judgment against you because you missed your court date, you can ask the court to cancel the judgment and let you defend the case. Read Vacating a Default Judgment and use the Court’s DIY Form program to make the court papers that you need.

It may be very hard to stop the eviction if the landlord has a judgment against you after a trial, or if you didn’t keep promises you made in a settlement. Also, after you get a Notice of Eviction, paying all the money does not stop the landlord from evicting you. You will only not be evicted if the landlord tells the court to vacate the judgment against you because you paid and the case is settled. Get this in writing from the landlord and file it with the court.

Twitter YouTube DIY Forms 
 
SEARCH COURTHELP
   


 
COURT LOCATOR



and/or