- Criminal Investigations
- E911 Communications
- Road Patrol
It is the policy of the Tioga County Sheriff Civil Division not to give any legal advice. Once the eviction process has been through the court system and a Warrant has been issued, the landlord will be required to meet the following guidelines when presenting the Warrant to the Sheriff for enforcement:
- Fees must be paid in advance. In cases where substitute service is necessary, you will be billed for regular/certified mailing charges ($12.00 per person).
- Warrant Requirements (failure to comply will result in rejection of the Warrant)
- The Warrant must be specifically directed “To the Sheriff of Tioga County”.
- As per RPAPL §749 (1), the Sheriff will only be removing those “persons named in the proceeding”. Please seek legal advice if you are unsure if an individual is considered a necessary party for service, or you are unsure of their name.
- As per RPAPL §749 (1), the Warrant must state the “earliest day upon which execution may occur pursuant to the order of the court”.
- If a multiple unit dwelling, the Warrant must state the specific apartment number, description of apartment (upper, lower, front, rear, floor number, etc).
- The Warrant must indicate, on its face, the number of days notice to be given to the tenant(s) upon service of the Warrant.
- The justice of the court of jurisdiction must sign the Warrant.
- The original Warrant plus three (3) copies, per tenant, are required for filing with the Sheriff.
- The Sheriff will start the eviction process by serving the required Notice (14-day, 30-day, 60-day, 90-day) along with a copy of the Warrant. Time begins when the Notice is served by the Sheriff. Once service is complete, the landlord will receive a Certificate of Service by mail. After the required time has expired (14 days, 30 days, 60 days, 90 days), the landlord must call the Civil Division to schedule the eviction enforcement/removal.
- Once the eviction is scheduled, the landlord is responsible for the following:
- Appropriate number of movers. The landlord is responsible for the removal of the tenant’s personal property. A minimum of four (4) movers are required.
- Storage facility. Tenant’s personal property must be removed from the residence and placed into a locked storage area. Landlord may contact the Civil Division with questions regarding acceptable storage locations. Any other questions should be directed to an attorney.
- All necessary equipment. Boxes and bags are required for the removal of personal property. Trucks must have sufficient space to remove the personal property. If the landlord does not have access to these items, arrangements must be made ahead of time to rent them from a proper business.
- The landlord is solely responsible for the tenant’s property and for all costs incurred during the eviction.
- Any animals left behind are the landlord’s responsibility. The landlord must notify the proper authorities and care for the animals until these authorities have relieved them of that responsibility.
- If a landlord wishes to cancel enforcement, they must advise the Civil Division prior to the date of enforcement. It is suggested that the landlord seek the advice of an attorney before cancelling enforcement.
IF ANY OF THE ABOVE REQUIREMENTS ARE NOT MET, THE EVICTION ENFORCEMENT MAY BE CANCELLED OR RESCHEDULED AT THE DISCRETION OF THE CIVIL DIVISION. IF THE EVICTION IS CANCELLED, THE WARRANT WILL BE RETURNED TO THE COURT AND THE LANDLORD WILL BE REQUIRED TO RE-APPLY TO THE COURT FOR A NEW WARRANT OR THE RE-ISSUANCE OF THE EXISTING WARRANT.
- Mobile homes may have some different notice requirements. Please consult an attorney if you have questions regarding a mobile home eviction.
- If the mobile home is owned by the tenant, it is considered personal property and must be removed and stored at the time of enforcement. If you wish to leave the mobile home and its contents onsite, you must receive court approval. This directive must be part of the Warrant itself, or under a separate Order that is signed by the Judge, before the Warrant can be enforced.