Can a tenant request more time the day of eviction in NYC?

Question

I am a landlord. I am evicting a tenant in NYC. They had a hearing day in October 26 2013, they adjourned it to November 30th. On November 30th they said they would move out by December 31st, 2013, they didn't. A request for the warrant of eviction was sent to them three months in early March. They went to court to file an order to show cause, so they went to the new hearing date but did not have the money they owe, and one of the tenants said that her brother has some money but they will move out March 31st 2013 because the new apartment is being renovated.

It is not March 31st, and I was called by my lawyer saying the marshall's is coming tomorrow to evict them. I personally have not seen them move out nor have they returned the keys to us. There are two adults living upstairs and they are both less then 40 years old, no children.

When the marshalls come tomorrow to evict can they request more time? Is it too late to request more time? Will I have my apartment back by tomorrow and what if the tenants are not there when they come to evict but there property is there, what happens?

Thank you.

Answer 1

They can request anything they want. The martials don't have the authority to grant more time and won't listen to the request.



That said, I find it suspicious that you don't seem to know that most of the dates you listed are in the FUTURE. I also doubt the eviction date was scheduled for ANY Sunday, let alone EASTER Sunday. If you are actually a landlord, you need to BUY several hours to talk to an attorney about landlord tenant law. There is NO EXCUSE for not learning the answers to this type of question LONG before reaching this stage.

Answer 2

extremely, you may hire an lawyer that focuses on evictions precise away. you have by no potential performed an eviction until now and while you're making one small mistake in the place of work work or provider, you should finally end up having to start up over - dropping the two time and funds. Your tenant has no longer paid lease, so the 1st step could be a observe To Pay Or end, consistent with NYC rules. Then if the tenant does no longer pay lease in finished or vacate consistent with the understanding, you may document for an eviction during the court docket. This tenant is enjoying video games considering which you have terminated her tenancy. considering which you have already given her proper written observe of non-renewal and he or she ought to vacate, she figures she would be waiting to no longer pay lease. The choose will see precisely what her activity plan is and not seem fondly on her in court docket. FYI, in the adventure that your tenant will pay up and does no longer vacate by making use of the top of March, consistent with your termination observe, you may nonetheless could evict her for containing over.

Answer 3

There days of living there are almost over. The marshall will remove them tomorrow by court order. If their property is still there, you box it up and store it for 30 days. Change the locks. Remember to take plenty of photos of the entire process including their possessions.

Answer 4

Tomorrow you get your apartment back. Go ahead and change the locks after the marshalls come. If there is property still in there, the marshall will advise how long you must store it for. You can add that cost to your judgment you already have.