NYC notice of eviction

[warrenw]

What is the name of your state (only U.S. law)? New York

I have a stipulation from the Staten Island, NY civil court stating that if I have not moved out of my current residence by October 31, 2016, then I will be evicted. I read on the nycourts.gov website that the earliest that a marshal can perform the eviction is the 4th business day after the eviction notice has been served. So if I'm understanding everything correctly, the earliest date that the eviction notice can be served is Tuesday, November 1, and the earliest date that the marshal can actually perform the eviction is Monday, November 6. Correct?

 

[STEPHAN]

Why would you want to have an eviction on public court records?

 

[warrenw]

Why would you want to have an eviction on public court records?

Obviously I would not want to have it public and I'm going to do everything possible to move out by October 31. My concern is if I do receive the notice, exactly how long do I have before I am actually evicted? I need to know this so I can make plans for public storage, hotel stay, etc until I find a new place, if necessary.

 

[adjusterjack]

So if I'm understanding everything correctly, the earliest date that the eviction notice can be served is Tuesday, November 1, and the earliest date that the marshal can actually perform the eviction is Monday, November 6. Correct?

Seems right to me.

But what if the Marshal shows up on November 1 with a court order to put you out on the street?

You aren't going to win any arguments at that point no matter what strangers on the internet have to say.

I suggest you do whatever it takes to be out by 10/31. You can do it if you have to, and you have to.

Make your plans as if the axe falls on 11/1 and don't push the envelope.

I've had people move their families, pets, and a houseful of furniture out of my rentals over night.

 

[quincy]

Here is a link to Marshals Evictions Frequently Asked Questions for New York City: http://www.nyc.gov/html/doi/html/marshals/evictions.shtml

If I read correctly, you have only 3 business days, not 4, after notice of eviction before you are evicted. The link provided above describes the process.

 

[ElleL]

Here is a link to Marshals Evictions Frequently Asked Questions for New York City:

If I read correctly, you have only 3 business days, not 4, after notice of eviction before you are evicted. The link provided above describes the process.

Yes, as the law states you have only 72 hour, that means 3 days.

 

[quincy]

Yes, as the law states you have only 72 hour, that means 3 days.

Thanks for the confirmation, ElleL.

The three business days (72 hours) would be for personal service only. If personal service fails, the Notice of Eviction is posted on the door and a copy of the Notice mailed (certified mail). After the Notice is mailed, the Marshal must wait an additional two business days to evict tenant.

Here is a link to the NYC Marshal's Handbook, Chapter 4: Evictions and Legal Possessions: http://www.nyc.gov/html/doi/html/marshals/mar4.shtml

Note the chart that shows the days for service and eviction days. If served on a Tuesday, the 72 hour period starts on Wednesday and the earliest eviction day would be Monday.