nyc marshal eviction notices come from a city marshal after a judge signs a warrant, and they rest on RPAPL 749. The key number is 14 days of written notice before any nyc marshal eviction can happen.
What NYC Marshal Eviction Actually Says
RPAPL 749 is the New York law that controls the warrant of eviction. The warrant comes after a landlord wins a final judgment in housing court. The court sends it to a sheriff, a constable, or a city marshal. In a nyc marshal eviction, that officer is a city marshal. The warrant must describe the apartment. It must also state the earliest date the eviction may happen.
Next, the marshal must give you notice. The law requires at least 14 days’ notice, in writing. It must be served the same way a notice of petition is served. As a result, a phone call or a knock on the door is not enough. In most cases, this written paper is what people call the “marshal’s notice.”
The law also protects pets. Before a nyc marshal eviction, the marshal must check the home for a companion animal. The marshal must work with you so the animal gets safe care. If you cannot be found, or you decline to take the animal, the marshal must contact a humane society, an SPCA, or a local pound. The marshal must also try to tell you where your pet is.
| Provision | Exact rule | Section |
|---|---|---|
| Who carries out the warrant | Sheriff, constable, or city marshal | RPAPL 749(1) |
| Earliest eviction date | Must be stated on the warrant | RPAPL 749(1) |
| Pause on re-renting or renovation | Court may pause it “for a reasonable period of time” on good cause | RPAPL 749(1) |
| Written notice to you | At least 14 days, served like a notice of petition | RPAPL 749(2)(a) |
| When the eviction can happen | A business day, between sunrise and sunset | RPAPL 749(2)(a) |
| Pets | Marshal must check for companion animals and 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 you to the home after | RPAPL 749(3) |
| Nonpayment cases | Court shall vacate the warrant if the full rent due is paid or deposited before execution, unless withheld in bad faith | RPAPL 749(3) |
You can read the full text at the New York State Senate’s page for RPAPL 749.
Who NYC Marshal Eviction Covers (and Who It Does Not)
This section applies to eviction cases across New York State. That includes both nonpayment cases and holdover cases. In New York City, the officer is a city marshal. Outside a city, it may be a sheriff or a town constable. However, the 14-day written notice rule applies to whichever officer gets the warrant.
A nyc marshal eviction only reaches the people named in the case. The warrant orders the officer to remove “all persons named in the proceeding.” For example, say you live in the apartment but were never named in the court papers. Talk to a lawyer right away. You may have your own rights to raise in court.
Other laws can add protections on top of this one. For example, the very next section, RPAPL 749-A, deals with New York City marshals specifically. NYC also has its own tenant laws and programs. Check with the housing court or a local legal-aid office about which extra rules apply to your nyc marshal eviction.
What Your Landlord Must Do Under This Law
Your landlord cannot evict you on their own. Only the officer holding the warrant can carry out a nyc marshal eviction. This law does not let a landlord change the locks, remove your things, or shut off services themselves. First, the landlord must win a final judgment. Then the court must issue the warrant.
After that, the marshal must follow each step. The notice must be in writing. It must be served the proper way. It must give at least 14 days. The eviction itself must happen on a business day, between sunrise and sunset. Typically, a nyc marshal eviction at night or on a weekend would not follow RPAPL 749(2)(a).
Landlords also face limits in rent cases. In a nonpayment case, the court must vacate the warrant if you pay or deposit the full rent due before the eviction. The only exception is when the landlord proves you withheld rent in bad faith. Separately, the landlord can still sue for money owed.
What You Can Do When It Is Broken
First, take a breath. Until the warrant is carried out, a judge can still stay or vacate it for good cause. Typically, tenants ask the housing court to stop a nyc marshal eviction by filing papers with the clerk. Bring your marshal’s notice, your lease, rent receipts, and anything that shows why you need more time.
If yours is a nonpayment case, money matters. For example, if you can get together the full rent due, you may be able to pay it or deposit it with the court. The law then says the court “shall vacate” the warrant, unless you withheld rent in bad faith. Always ask the clerk how to deposit money and get a receipt.
Even after a nyc marshal eviction, the door is not always closed. RPAPL 749(3) lets the court restore a tenant to possession after the warrant is carried out. However, this is up to the judge. As a result, moving fast gives you the best chance.
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Did the marshal skip the 14-day written notice, come at night, or ignore your pet? Tell the judge. However, these problems do not guarantee you keep the apartment. Contact a local legal-aid office or tenant attorney as soon as a nyc marshal eviction notice arrives. An active eviction is urgent.
Frequently Asked Questions
How long do I have after a nyc marshal eviction notice?
RPAPL 749 requires at least 14 days’ written notice before the marshal carries out the warrant. After that, the eviction must happen on a business day, between sunrise and sunset. Confirm your exact earliest date with the court clerk.
Can paying the rent stop a nyc marshal eviction?
In a nonpayment case, in most cases, yes. The court shall vacate the warrant if you pay or deposit the full rent due before execution. The exception is when the landlord proves you withheld rent in bad faith.
What happens to my pet?
The marshal must check for a companion animal before the eviction and work with you on its care. If you cannot be found, the marshal must contact a humane society, SPCA, or pound. The marshal must also try to tell you where your pet is.
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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.
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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.
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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.