OCSO: FAQ

Q: I have obtained a Warrant of Eviction for a tenant. How do I have the tenant removed?

A: The Warrant of Eviction should be brought to or mailed to the Civil Process Division at 407 South State Street, Syracuse, New York 13202, with the appropriate fees. You will be asked to provide information regarding the tenant. A deputy will be assigned to the case who will attempt to locate and serve the tenant with the Warrant of Eviction. The tenant will also be served with a Notice of Eviction which indicates the date they need to vacate the premises by. Typically, the tenant is allowed 72 hours from the date of service to vacate. Once the Warrant of Eviction is served, the deputy will notify the landlord or the attorney and schedule a date and time to meet at the premises to enforce the Warrant of Eviction. At that time, the landlord will be expected to provide the personnel and equipment necessary to remove the property from the premises and to have the lock changed. Once the tenant(s) and their property have been removed and the locks have been changed, the deputy will officially turn possession of the premises over to the landlord.

Q: When a tenant is evicted, what should be done with property that is left inside the premises?

A: As the landlord, you should obtain legal advice from an attorney. In several municipalities it is a violation of ordinances to place a tenant's property out at the curb. The landlord has the option of placing the tenant's belongings in a storage facility. It is important to remember that the tenant should be allowed access to their belongings at all times.

Q: My landlord is trying to have me evicted from my residence. The landlord has turned off the electricity to the apartment until I pay the rent I owe. What should I do?

A: The landlord is not allowed, by law, to discontinue any essential services to a tenant for non-payment of rent. The tenant should contact the local police department or the N.Y. State Attorney General's Office to report the matter. A landlord may be liable for damages for attempting to unlawfully evict a tenant.

Q: I have obtained a judgment from court for a debt that is owed to me. How may I proceed to collect my money?

A: As a Judgment Creditor, you may want to seek legal advice from an attorney on the remedies that are available to you. Once a judgment has been issued by a court, a creditor may obtain an Execution. An Execution is an instrument that is used to have personal property or real property seized. Then, the property would be sold at a public sale and the proceeds would be turned over to the Creditor to satisfy the debt.

Q: I went to Family Court and obtained an Order of Protection against my boyfriend. What happens now?

A: In Onondaga County, Family Court will send the Order of Protection to the Civil Process Division to be served on the Respondent. The Order of Protection is not enforceable until it is served, therefore; it is important to provide the court with the most up-to-date information about the Respondent so the deputies will be able to serve him quickly. If the Respondent violates the conditions indicated in the Order of Protection after it has been served, you should contact the Sheriff's Office or your local police department and file a complaint.