Karl Dowden no longer represents landlords and tenants in commercial or residential landlord-tenant litigation, however he can recommend landlord-tenant attorneys to assist those who may need legal advice in the New York City metropolitan area.
When a landlord-tenant summary proceeding is resolved, it typically results with a judgment of possession in favor of the landlord. This is different from a warrant of eviction, which is necessary to authorize the eviction of the tenant by a Marshal. However, a judgment of possession is necessary to request the issuance of a warrant of eviction from the court.
A Marshal is required to submit the request for a warrant of eviction. Once the Marshal requests a warrant of eviction, the court will review the files in the case and either issue the warrant of eviction or reject the request. This process may take as little as a couple of days up to several weeks based on which court is reviewing the request at what time. If the request is rejected, then the defect identified by the court must be corrected and another request for a warrant of eviction must be re-submitted. Once the warrant is issued, the Marshal is then authorized to commence the process of evicting the tenant (subject to any restrictions imposed on the judgment of possession).