New York State Evicted Tenant will not leave

sdgr35 · August 19

We have a tenant who was living and partying in her unit late at night inviting other people also. We found out and called the police because the neighbors down the street heard the commotion and informed us. The police told her she could not do that as did we. We then served an eviction notice. Another tenant allowed her in to her unit to live and we had to give her an eviction notice also. As of now they have not paid or left and have until thursday. If they do not leave on their own, what is the policy in NYS to have them leave the property? Do we call the police and have them removed from the property or do we have to go through court process?

GM_SJ_BSS · August 22

sdgr35 said:

We have a tenant who was living and partying in her unit late at night inviting other people also. We found out and called the police because the neighbors down the street heard the commotion and informed us. The police told her she could not do that as did we. We then served an eviction notice. Another tenant allowed her in to her unit to live and we had to give her an eviction notice also. As of now they have not paid or left and have until thursday. If they do not leave on their own, what is the policy in NYS to have them leave the property? Do we call the police and have them removed from the property or do we have to go through court process?

This is what I found:

If a self-storage tenant in New York refuses to leave after an eviction, the next step is to obtain a Warrant of Eviction by getting a court to issue a judgment of possession. This court order is then delivered to the tenant by a law enforcement official, such as a city marshal, sheriff, or constable, who will carry out the eviction and physically remove the tenant and their belongings from the unit. It is illegal to use force or self-help to evict a tenant in New York; a lawful court order is mandatory.

Here is a breakdown of the process in New York:

1. Legal Court Action:
You must first have initiated an eviction lawsuit and obtained a judgment of possession from a court.

2. Warrant of Eviction:

The court will issue a Warrant of Eviction, which is a formal court order authorizing the physical removal of the tenant.

3. Service by Law Enforcement:

A law enforcement official, such as a City Marshal, sheriff, or constable, must serve the tenant with the Warrant of Eviction.

4. Final Opportunity to Leave:

Upon receiving the warrant, the tenant is legally required to move out within a specific timeframe, usually 14 days in New York.

5. Execution of the Warrant:

If the tenant still refuses to leave, the law enforcement officer will then physically remove the tenant and their belongings from the self-storage unit.

What Not to Do:

Do not attempt to remove the tenant or their property by force . Unlawful evictions can result in criminal charges, such as a Class A misdemeanor.

Do not change the locks or deny the tenant access to the unit: before you have a court order for eviction.

storagemaggie · September 4

We were informed by the NY Self Storage Association that it is all how you word it to the police. We have done a bunch of evictions and some the police are helpful with and others they aren’t because they treat it like an apartment eviction. The NYSSA suggested we treat it as trespassing, since I’m sure in your lease agreement you have a no loitering policy, which she violated, the lease can be terminated and now she is trepasssing on your property because she doesn’t have a valid lease agreement with you anymore.

sdgr35 · September 4

Thank you that's very helpful

New York State Evicted Tenant will not leave

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