The Brooklyn Landlord’s Complete Timeline for Working With an NYC Eviction Marshal

From Notice to Keys in Hand: The Brooklyn Landlord’s Complete Timeline for Working With an NYC Eviction Marshal

If you’re a Brooklyn landlord dealing with a non-paying or non-compliant tenant, you already know that New York City’s eviction process is one of the most complex in the country. Evictions in NYC often take anywhere from 3 to 18 or more months from start to finish. Understanding exactly where an eviction marshal fits into that timeline — and what to expect at each stage — can mean the difference between a smooth, lawful resolution and costly delays. Here is your step-by-step guide.

Step 1: Establish Legal Grounds and Serve the Proper Notice

Before you can involve a marshal, you must lay the legal groundwork. A landlord must first give proper written notice to the tenant, such as a 14-day demand for rent or a notice based on the grounds for eviction. The process is governed by the Real Property Actions and Proceedings Law (RPAPL) and was significantly changed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which extended notice periods, created new procedural requirements, and strengthened tenant defenses.

Common legal grounds include nonpayment of due rent (where you must give proper notice and allow the tenant to pay the overdue amount), lease violations such as causing damage or engaging in illegal activities, and holdover tenancy where a tenant remains after their lease has expired. Be sure you are using current forms — many pre-2019 forms and procedures are now invalid.

Step 2: File a Petition With Brooklyn Housing Court

If the tenant does not correct the issue or leave, the landlord must file a petition with the local court. File a Petition (Nonpayment or Holdover) in the Housing Court of the borough where the property is located. NYC Housing Court requires specific petition forms for each proceeding type. After the landlord files for eviction, the court clerk schedules a hearing date, usually 10 to 17 days after the tenant receives the petition. In busy court systems with backlogs like those in Brooklyn or Queens, hearings may take longer to schedule.

Step 3: Attend the Court Hearing

New York City Housing Court is known for its complexity and tenant-friendly culture, and most cases go through multiple appearances before resolution. Be prepared: a tenant may file motions challenging the petition, notice, or requesting discovery, and each motion causes delay. If no settlement is reached, the case proceeds to trial before a judge, where tenant defenses are fully litigated.

If the judge rules in favor of the landlord, the court will issue a Judgment for Possession along with a Warrant of Eviction — a court order that authorizes law enforcement to remove the tenant and return possession of the rental property to the landlord.

Step 4: Hire an NYC Eviction Marshal and Deliver the Warrant

Once you have your Warrant of Eviction in hand, it is time to engage a licensed NYC City Marshal. City Marshals are independent public officials appointed by the Mayor. A City Marshal may conduct an eviction or legal possession only after a court has ruled on the landlord’s petition for removal and issued a Warrant of Eviction to the marshal.

For Brooklyn landlords seeking a trusted, experienced marshal, working with a reputable office makes all the difference. The eviction marshal brooklyn office of NYC Marshal Edward Guida #14 is a well-established choice. They serve clients and community with compassion, understanding, and dignity since 1988, carrying on the legacy of Edward F. Guida Sr., who dedicated his life to New York City. As a NYC Marshal office, they are authorized to perform a Legal Possession or an Eviction once a Warrant of Eviction has been issued by the NYC Court System within the 5 boroughs, and while acting on your behalf, they always conduct themselves in a respectful and professional manner with all parties involved, equipped with the latest technology to gather and facilitate information and documentation needed during the process.

Step 5: The Marshal Serves the Notice of Eviction

After receiving the warrant, the marshal does not immediately show up at the door. In NYC, it usually takes about three weeks for a marshal to get their paperwork ready from the courts and serve the Notice of Eviction. The marshal’s notice means that the city marshal can evict the tenant at any time after fourteen (14) days following the date of the notice.

The marshal may perform an eviction or obtain legal possession between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays. Note that marshals are required to give an additional notice of eviction if thirty days have passed since the earliest eviction date specified by the previous Notice of Eviction and the warrant has not yet been executed, or where a court order stays the eviction after service of the Notice of Eviction and the stay later expires or is vacated.

Step 6: Eviction Day — What Actually Happens

On execution day, the marshal arrives with authority and a clear process. In both evictions and legal possessions, the City Marshal returns control of the real property to the landlord, and in order to accomplish this, the marshal must see that any entrance locks on the premises to which the tenant may have access are changed.

As a landlord, you will need to choose between two types of removal:

  • Full Eviction: For an eviction, the marshal must hire a bonded moving company licensed by the New York State Department of Transportation, and must direct the moving company to deliver the items removed from the premises to a warehouse licensed by the Department of Consumer Affairs.
  • Legal Possession: In a legal possession, the tenant’s personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

The marshal acts in consultation with the landlord in determining whether to proceed with an eviction or legal possession — but ultimately, it is the landlord’s choice. Additionally, the marshal is required to prepare a written inventory of all items contained in the premises of any tenant to be evicted.

Be aware of special circumstances: if, upon arriving at the premises, the marshal discovers that the tenant or any occupants of the unit are mentally ill, handicapped, elderly, or otherwise unable to care for themselves, the marshal must notify the Department of Investigation and the appropriate social welfare agency, and the eviction must be postponed for approximately two weeks.

Step 7: Post-Eviction — Protecting Yourself

After the marshal executes the warrant and you have possession of your unit back, your responsibilities are not entirely over. Documentation is paramount; photographing the state of the unit and the items listed in the inventory helps mitigate liability against future claims of damage. After the warrant has been executed, the marshal is required to notify the evicted tenants of the location of their property.

Key Warnings for Brooklyn Landlords

  • Never attempt a self-help eviction. Changing locks, throwing out belongings, or shutting off utilities is illegal and can result in you owing the tenant triple damages.
  • Keep your paperwork airtight. Using the wrong notice period, incorrect dates, or failing to prove you served the papers correctly will get your case dismissed.
  • Know the Good Cause Eviction Law. New York’s Good Cause Eviction law took effect on April 20, 2024, and gives some tenants in unregulated, market-rate housing extra protection against eviction, non-renewal, and certain large rent increases.

Final Thoughts

Working through Brooklyn’s eviction process requires patience, precision, and the right professional partners. An eviction in New York can be completed in 1 to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are in session, and other various possible delays. By understanding each phase of the timeline — from the initial notice all the way through eviction day — and by partnering with a professional, experienced marshal office that treats every party with dignity and respect, Brooklyn landlords can navigate this challenging process as efficiently and lawfully as possible.