RPAPL 749 is the New York statute that governs eviction warrants in summary proceedings. Once a housing court enters a final judgment of possession for the landlord, this section controls what the warrant must say, how much notice the tenant gets before removal, when the eviction can physically happen, and what the tenant can still do to stop or undo it.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant
What the Warrant Must Contain
The court issues the warrant only after entering a final judgment for the petitioner. The statute treats the judgment and the warrant as a single event, with no gap in between. The warrant is directed to a specific enforcement officer, which will be the county sheriff, a city marshal, or a town constable depending on where the property is located.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant
The document itself has to include three things: a description of the property, the earliest date the eviction can be carried out (a date the court sets), and a command to remove the people named in the proceeding. That “earliest date” matters. The judge controls when the enforcement clock can even begin to run, and can build in additional time before the officer starts moving.
The officer’s authority runs only as far as the warrant does. It applies to the property described and the people named. An officer cannot use one unit’s warrant to clear a different unit, and cannot remove someone who was never named as a respondent in the case.
The 14-Day Notice Before Removal
Before any physical removal, the enforcement officer must serve a written notice on the person being evicted at least fourteen days in advance. This notice tells the occupant that a warrant has been issued and gives them a final window to leave voluntarily, cure the default if the case allows it, or ask the court for emergency relief.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant
Service has to follow the same methods RPAPL 735 requires for the initial notice of petition. The officer can hand the notice to the occupant directly, leave it with a person of suitable age and discretion at the property, or affix it to a conspicuous part of the premises if no one is available. When either of the last two methods is used, a copy also has to be mailed within one day, once by certified or registered mail and once by regular first-class mail.2New York State Senate. New York Real Property Actions and Proceedings Law 735 – Service of Notice of Petition and Petition
Skipping the fourteen-day notice, or serving it improperly, is grounds to stay the warrant or delay the eviction. For many tenants this window is the last practical opportunity to act.
When the Eviction Can Happen
Physical removal can only take place on a business day, meaning Monday through Friday and not on public holidays, and only between sunrise and sunset.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant If the fourteenth day falls on a weekend or holiday, the officer has to wait until the next eligible day. The practical effect is that courts and legal aid offices are open on the day of removal, so a tenant who needs emergency relief still has somewhere to go.
The sheriffs, marshals, and constables who execute warrants act as neutral officers of the court, not agents of the landlord.3New York Courts. Being Evicted They can enter the premises and use reasonable force if the occupant refuses to leave, but only to carry out what the warrant authorizes.
Paying Rent to Stop the Eviction
In a nonpayment case, the tenant can stop the eviction by paying the full rent owed at any point before the warrant is executed. Payment can go to the landlord directly or be deposited with the court. When it does, the court must vacate the warrant, and the tenancy continues as if the judgment had not been entered.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant
The cure amount is the “full rent due.” Not rent plus court costs, not rent plus attorney fees, not rent plus interest. The unpaid rent itself. For a tenant who can gather the money, this erases the warrant entirely rather than just pausing it.
There is one exception. If the landlord shows that the tenant withheld rent in bad faith, the court can let the eviction go forward even after payment. The statute does not define bad faith, but the concept is aimed at tenants who could pay and chose not to, not tenants who fell behind because of genuine hardship.
This cure right only exists in nonpayment cases. In a holdover proceeding, where the landlord is seeking possession for something other than unpaid rent (a lease violation, an expired lease, a licensee who won’t leave), paying money does not vacate the warrant.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant
Stays, Vacaturs, and Restoration After Eviction
Section 749 gives the court broad discretion to intervene at more than one stage. Before the warrant is executed, a judge can stay it (pause the eviction) or vacate it (cancel it) for good cause shown. After the warrant has been executed and the tenant physically removed, the court still has authority to restore the tenant to possession.1New York State Senate. New York Real Property Actions and Proceedings Law 749 – Warrant The eviction is not necessarily final the moment the locks change, which is a point many tenants do not realize.
The usual vehicle for asking is an order to show cause. The tenant files it with the court to request emergency relief, and the judge sets the hearing date, the notice the landlord must receive, and whether the eviction is frozen in the meantime. If the order includes a stay, the tenant also has to serve a copy on the marshal or sheriff. If the enforcement officer never sees the stay, the eviction can go forward anyway.4New York Courts. NYC Housing Court Orders to Show Cause
Good cause is a flexible standard. Courts have accepted procedural errors in the underlying case, medical emergencies, changed circumstances since the judgment, and the tenant’s demonstrated ability to pay rent going forward. The further the case has progressed, the stronger the reason has to be.
Why the Warrant Requirement Matters
The rules in Section 749 exist because a court warrant is the only lawful way to remove an occupant who has been in a unit for thirty consecutive days or more. Under RPAPL 768, it is a crime for a landlord to evict or attempt to evict such an occupant without a warrant. That includes using or threatening force, cutting off essential services like heat or water, removing the tenant’s belongings, or changing the locks without providing a new key.5New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction
Each violation is a Class A misdemeanor, and the landlord also faces a civil penalty of $1,000 to $10,000 per violation. If the landlord does not restore the tenant to the unit after being asked, another penalty of up to $100 per day can accrue for up to six months. A tenant who has been illegally locked out can call the police without waiting for a court hearing.5New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction