If a letter or court paper cites rpapl 749, it means a New York judge has ruled against you in an eviction case. A warrant of eviction has been issued, or it is about to be. The key number to know is this: under rpapl 749, the marshal, sheriff, or constable must give you at least fourteen days’ written notice before they can remove you.
What RPAPL 749 Actually Says
Getting a warrant notice is scary. However, it is not the end of the road. The full text of rpapl 749 is short, and it has three parts. You can read it yourself on the New York State Senate website. The current version there is the revision dated June 28, 2019.
Subdivision 1 says the court issues the warrant only after a final judgment for the landlord. The warrant must describe the property. It must also state the earliest date it can be carried out. In addition, for good cause, the court can order the landlord not to re-rent or renovate the unit for a reasonable time.
Subdivision 2 covers the officer’s duties. The officer must give you at least 14 days’ written notice. They must also check for pets and help arrange safe care for them. Subdivision 3 gives the court power to stop the warrant, cancel it, or even put you back in your home.
| Provision | Exact rule | Section |
|---|---|---|
| When a warrant issues | Only after a final judgment for the petitioner (landlord) | RPAPL 749(1) |
| What the warrant must state | The property and the earliest date execution may occur | RPAPL 749(1) |
| Notice before eviction | At least 14 days, in writing, served like a notice of petition | RPAPL 749(2)(a) |
| When eviction can happen | A business day, between sunrise and sunset | RPAPL 749(2)(a) |
| Pets | Officer must check for companion animals and help arrange safe care | RPAPL 749(2)(b) |
| Court’s power to stop it | May stay or vacate the warrant for good cause before execution, or restore the tenant after | RPAPL 749(3) |
| Paying the rent owed | In a nonpayment case, court must vacate the warrant if full rent due is paid or deposited before execution, unless bad-faith withholding is shown | RPAPL 749(3) |
Who RPAPL 749 Covers (and Who It Does Not)
In most cases, rpapl 749 applies to anyone being removed through a New York summary eviction case. That includes renters in apartments, houses, and rooms. It covers both nonpayment cases and “holdover” cases, where the landlord says your right to stay has ended.
The warrant goes to the right officer for where you live. In a city, that is the sheriff of the county or a city marshal or constable. Outside a city, it goes to the county sheriff or a town constable. For example, in New York City, city marshals typically carry out warrants.
However, one part of rpapl 749 is narrower. The rule that the court must cancel the warrant when you pay applies only to judgments for nonpayment of rent. In a holdover case, paying rent does not automatically stop the warrant. Local rules and programs may add protections. Check with your court or a local legal-aid office about what applies where you live.
What Your Landlord Must Do Under This Law
Your landlord cannot evict you on their own. Under rpapl 749, only a sheriff, marshal, or constable can carry out the warrant. As a result, a landlord who changes the locks or removes your things without an officer is acting outside this process.
The officer must also follow the time rules. Typically, that means no evictions on weekends or holidays, and none at night. The warrant must be carried out between sunrise and sunset on a business day.
If you have a pet, the officer must check for it first. They must try to work with you on safe care. If you cannot be reached or decline to take the animal, the officer must contact a humane society, an SPCA, or the local pound. They must also make reasonable efforts to tell you where your pet is.
What You Can Do When It Is Broken
First, read your notice closely. Check the date, the officer’s name, and the earliest eviction date. If you got less than 14 days’ notice, or no written notice at all, tell the court right away. For example, you can ask the clerk how to file an “order to show cause” to stop the eviction.
Second, if your case was for unpaid rent, rpapl 749 gives you a strong tool. If you pay or deposit the full rent due with the court before the warrant is carried out, the court must vacate it. The one exception is if the landlord proves you held back rent in bad faith. Ask the court clerk exactly how much is owed and how to deposit it.
Third, the court can stay or vacate a warrant “for good cause.” It can even restore you to your home after an eviction. You may be able to ask for more time based on illness, children, a pending rental-assistance application, or other hardship. Results are never guaranteed. Because the clock is short, contact a local legal-aid office or tenant attorney the same day you get the notice.
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
Frequently Asked Questions
How much notice do I get under rpapl 749 before the marshal comes?
You must get at least 14 days’ written notice from the officer. The notice must be served the same way a notice of petition is served. If you did not get proper notice, raise it with the court right away.
Can paying the back rent stop my eviction?
In a nonpayment case, yes, in most cases. Under rpapl 749, the court must vacate the warrant if you pay or deposit the full rent due before it is executed, unless the landlord proves bad-faith withholding. In a holdover case, this rule does not apply automatically, so get legal advice.
Can I get back into my home after the eviction already happened?
Possibly. The law lets the court restore a tenant to possession after the warrant is executed. You would need to go back to court quickly and show good cause. A legal-aid office can help you file.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.