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103 Corporate Drive, Owego, New York 13827 (607) 687-1010  Google Directions Directions

EVICTIONS


There are three (3) sets of paperwork involved in a Summary Proceeding (eviction). Please be sure the address shown on all paperwork is specific, including identifying information for apartments, lot numbers, etc.

  1. Notice to Tenant (usually a "3 Day Notice" or "30 Day Notice") - If you wish for the Civil Division to serve this Notice, please see our Fee Schedule and follow the fee and copy requirements for the service of a Summons.

  2. Notice of Petition and Petition  These documents act as a Summons and Complaint in a Summary Proceeding and provide your tenant with, among other things, notification of the court date. The Notice of Petition and Petition must be served within a very specific window of time, therefore please bring or mail this paperwork to our office as soon as you have it completed. You may not serve these documents upon the tenant yourself.

  3. Warrant of Eviction - The sheriff is required to give a written Notice to the tenant prior to any physical removal. The number of days' notice (usually 72 hours) is required to be written by the court on the face of the Warrant. Please be sure the number of days' notice is written on the Warrant before leaving court or your paperwork will not be accepted until it has been amended. The Civil Division will prepare and serve this Notice, along with a copy of the Warrant, upon the tenant(s). If a 72-Hour Notice has been prescribed by the court, this time period, once commenced, does not include weekends or holidays.

 

Once the Notice and Warrant have been served, the landlord will be notified by mail and instructed to contact the Civil Division to schedule the enforcement/removal.

The Civil Division will not accept a Warrant of Eviction more than two (2) weeks old. If your Warrant has exceeded that time, please contact the Civil Division.

If a landlord is evicting spouses, both shall be listed on all paperwork in the eviction process.

Enforcement/Removal

  • Tenant(s) and their personal property must be physically removed from the premises described in the Warrant; there is no "lockout."  Property shall be stored and not be placed curbside in an effort to protect all parties from loss, theft or damage.  The landlord must advise the Civil Division of the location where the property will be stored.  Questions regarding the length of time required to store property must be directed to an attorney.   
  • The landlord is responsible for providing a minimum of four (4) movers as well as sufficient boxes, bags, etc. for moving the property. If the landlord does not have sufficient personnel and an approved storage location at the date and time of enforcement, the eviction will be cancelled and must be re-scheduled.
  • Execution of the Warrant must be between the hours of sunrise and sunset. If the Civil Division believes the enforcement will take more than one day, the landlord will be required to pay advanced expenses to cover additional costs.

Mobile Homes

  • Mobile homes 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.