Warrant of Eviction -- New York State

This is a discussion on Warrant of Eviction -- New York State within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; (New york state)I was in court and the landlord was awarded a warrant of eviction. It was for 72 hours. ...

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Old Mar 31st, 2011, 07:16 PM   #1
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Confused Warrant of Eviction -- New York State

(New york state)I was in court and the landlord was awarded a warrant of eviction. It was for 72 hours. I was told that a sheriff or other law enforcment officer was the only one that could legally serve you with the actual 72 hour notice. I recieved a letter in the mail with a copy of the judgement. No where does it state that it was a 72 hour eviction and at the top it says "To the marshall of the city of rensselaer"? Am i correct that only a law enforcment officer can issue that? I just need to know if this is a legal notice or if I have to be served.
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Old Mar 31st, 2011, 08:00 PM   #2
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Default Re: Warrant of Eviction -- New York State

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(New york state)I was in court and the landlord was awarded a warrant of eviction. It was for 72 hours. I was told that a sheriff or other law enforcment officer was the only one that could legally serve you with the actual 72 hour notice. I recieved a letter in the mail with a copy of the judgement. No where does it state that it was a 72 hour eviction and at the top it says "To the marshall of the city of rensselaer"? Am i correct that only a law enforcment officer can issue that? I just need to know if this is a legal notice or if I have to be served.
The Court issues the order. Since you were given notice during the court proceedings, no separate service would be necessary (service only reinforces the fact that you were notified of the order). The letter you received is simply confirmation of the actual Warrant issued by the Court.

The sheriff/marshal is the one who carries out the Court's order. Once the Court has provided them with the Warrant to Evict (usually the same day of issuance or the following day), they will effect the order upon you after that 72 hour period expires, or as soon as possible thereafter (based upon the Marshal's workload).

If you are looking for an excuse to drag this out any further, you don't have a leg to stand on. You'd better get moving or face removal by the Marshal.
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Old Mar 31st, 2011, 08:37 PM   #3
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Confused Re: Warrant of Eviction -- New York State

I am not looking to drag this out any further. The place we are moving to the tenant was given 60day notice and didnt leave. They had to go through court proceeding and he was just today issued a 72hour notice. We told are landlord of the issue and even payed half a months rent and he still said he was going to drag us to court and embarass us. He knew of the situation and said we could stay till it was worked out and still took us to court. I just need to know if this letter is the 72 hour notice or if the sheriff has to issue it? I do not wish to stay here any longer then possible but I have a 2 yr old and i can take him out in the streets....
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Old Mar 31st, 2011, 09:00 PM   #4
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Confused Re: Warrant of Eviction -- New York State

I am on the website for NYS courts ( I got it off my city courts website) and it says that "ONLY A SHERIFF, MARSHALL, CONSTABLE OR LAW ENFORCEMENT OFFICER CAN GIVE A 72 HOUR NOTICE" So am I reading what you said wrong or are you saying that when the judgement was made it meant that thats when the 72 hours began. I haveyet to be served by a sheriff.
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Old Aug 11th, 2011, 08:17 AM   #5
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Angry Re: Warrant of Eviction -- New York State

I have a question. I told my landlord in Feb. that because we could not afford the rent that we would be looking for a place to move and that the second we found one we would be gone. In June not only did we find a place but I also lost my income making it impossible to afford the rent at our current residence. Up until then we had been able to scrape up the rent each month. All we asked of the landlord was that he sign a landlord reference and send it back in order to let us move. He refused. At the beginning of July we were still here and he had still not signed the landlord reference. By the end of July our application at the apartment complex expired and we had to put in a new app. We also applied to a second complex but as of now they are still waiting on the landlord to send the landlord reference that they need to complete the application. Today we were served a summons to court for the eviction. However, the information provided on the summons is all wrong. The dates, rental amount and who the original rentee was incorrectly stated. Our mom held the rental agreement with our landlord from Dec. 1, 2007 until she passed away Jan. 25, 2011. The rent was increased from $450 to $500 around the end of 2009. The summons states that my sister and i were the only ones living here and that we moved in in 2008 at the rental amount of $500. We have paid him in full for June's rent of $500 but the summons states that we still owe him $50 for June and $450 for July and August. He knew that we would have been out at the beginning of July had he signed the reference. Is what he is doing even legal? Especially since he barged into the apartment using a key he said he didn't have on the 5th and verbally assaulted us?
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Old Aug 14th, 2011, 02:03 PM   #6
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I need some help. I rent to a family of 3. In May the wife told me she would be late with the rent because she was laid off from her job. The husband had been laid off the previous year and exhausted all unemployment benefits. They have only her one income which is now unemployment benefits. The also have 1 child who is disabled. Lease is under the wife's name as tenant with husband and child as co-occupants.

I used the security deposit for May's rent instead of waiting for late payment and to cut them a break. In June she paid me half and the same for July with the intention that once she is working again she will pay everything in full or leave when lease expires in September. I spoke to a friend at work and she told me that I wasn't suppose to use the security towards rent. I notified my tenant of this and told her since she hasn't found a job in 3 months, maybe it's better she pays me everything now and leaves.

She replies that she doesn't have it and that the kitchen sink cannot be used at all now due to plumbing issues. She also reminded me that she called the housing inspector in Feb. for the plumbing issues and the mold in the bedroom. I know about the plumbing problems and went to see but it cost too much so I didn't fix them. What looks like mold is in their bedroom but I don't have resources to know if in fact it is mold. It costs too much to hire a mold expert.

On 8/1/2011, I sent her a 30 day notice to terminate lease by certified mail and called her the next day because she had received it. I told her that I am coming for the keys to the house and mailbox. She told me she is not home but on the way to social services to make arrangements to find a place or go into a family shelter. 8/7/2011, Yesterday I received a certified letter from her saying she is not renewing the lease due to unlivable conditions and will vacate prior to when lease expires September 2011. She also sent her half payment for the last month of rent and notice that the housing inspector was at the apartment in August for the second time in 2011. On the same day I sent her a 3 day notice to pay rent since she only paid half for June & July with the full amounts. I didn't mention anything about May because I don't want any fines.

I don't know what is going to happen now. Should I get a lawyer and what type of fines am I going to be looking at. Thank you for any help. Spring Valley, NY.
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Old Aug 14th, 2011, 02:14 PM   #7
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Default Re: Warrant of Eviction -- New York State

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I have a question. I told my landlord in Feb. that because we could not afford the rent that we would be looking for a place to move and that the second we found one we would be gone. In June not only did we find a place but I also lost my income making it impossible to afford the rent at our current residence. Up until then we had been able to scrape up the rent each month. All we asked of the landlord was that he sign a landlord reference and send it back in order to let us move. He refused. At the beginning of July we were still here and he had still not signed the landlord reference. By the end of July our application at the apartment complex expired and we had to put in a new app. We also applied to a second complex but as of now they are still waiting on the landlord to send the landlord reference that they need to complete the application. Today we were served a summons to court for the eviction. However, the information provided on the summons is all wrong. The dates, rental amount and who the original rentee was incorrectly stated. Our mom held the rental agreement with our landlord from Dec. 1, 2007 until she passed away Jan. 25, 2011. The rent was increased from $450 to $500 around the end of 2009. The summons states that my sister and i were the only ones living here and that we moved in in 2008 at the rental amount of $500. We have paid him in full for June's rent of $500 but the summons states that we still owe him $50 for June and $450 for July and August. He knew that we would have been out at the beginning of July had he signed the reference. Is what he is doing even legal? Especially since he barged into the apartment using a key he said he didn't have on the 5th and verbally assaulted us?
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Originally Posted by Dean View Post
I need some help. I rent to a family of 3. In May the wife told me she would be late with the rent because she was laid off from her job. The husband had been laid off the previous year and exhausted all unemployment benefits. They have only her one income which is now unemployment benefits. The also have 1 child who is disabled. Lease is under the wife's name as tenant with husband and child as co-occupants.

I used the security deposit for May's rent instead of waiting for late payment and to cut them a break. In June she paid me half and the same for July with the intention that once she is working again she will pay everything in full or leave when lease expires in September. I spoke to a friend at work and she told me that I wasn't suppose to use the security towards rent. I notified my tenant of this and told her since she hasn't found a job in 3 months, maybe it's better she pays me everything now and leaves.

She replies that she doesn't have it and that the kitchen sink cannot be used at all now due to plumbing issues. She also reminded me that she called the housing inspector in Feb. for the plumbing issues and the mold in the bedroom. I know about the plumbing problems and went to see but it cost too much so I didn't fix them. What looks like mold is in their bedroom but I don't have resources to know if in fact it is mold. It costs too much to hire a mold expert.

On 8/1/2011, I sent her a 30 day notice to terminate lease by certified mail and called her the next day because she had received it. I told her that I am coming for the keys to the house and mailbox. She told me she is not home but on the way to social services to make arrangements to find a place or go into a family shelter. 8/7/2011, Yesterday I received a certified letter from her saying she is not renewing the lease due to unlivable conditions and will vacate prior to when lease expires September 2011. She also sent her half payment for the last month of rent and notice that the housing inspector was at the apartment in August for the second time in 2011. On the same day I sent her a 3 day notice to pay rent since she only paid half for June & July with the full amounts. I didn't mention anything about May because I don't want any fines.

I don't know what is going to happen now. Should I get a lawyer and what type of fines am I going to be looking at. Thank you for any help. Spring Valley, NY.
BOTH of you need to start brand-new threads to address your questions. No one is going to go through a thread on an unrelated question just to find and answer yours.
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