EVICTIONS

It is the policy of the Tioga County Sheriff Civil Division not to give any legal advice. Once the eviction proceeding has been through the court system and a Warrant of Eviction has been issued, the landlord will be required to meet the following guidelines when presenting the Warrant to the Sheriff for enforcement:

1. Fees must be paid in advance. In cases where substitute service is necessary, you will be billed for regular/certified mailing charges.
    
2. Warrant Requirements (failure to comply will result in rejection of the Warrant)
   1. The Warrant must be specifically directed “To the Sheriff of Tioga County”.
   2. 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 do not know their name.
   3. As per RPAPL §749 (1), the Warrant must state the “earliest day upon which execution may occur pursuant to the order of the court”.
   4. If a multiple unit dwelling, the Warrant must state the specific apartment number, description of apartment (upper, lower, front, rear, floor number, etc).
   5. The Warrant must indicate, on its face, the number of days’ notice to be given to the tenant(s) upon service of the Warrant.
   6. The justice of the court of jurisdiction must sign the Warrant.
   7. The original Warrant plus three (3) copies, per tenant, are required for filing with the Sheriff.
       

3. The Sheriff will start the eviction enforcement 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. 
    
4. At the time of scheduling, the landlord must advise the Civil Division which of the following two (2) methods of enforcement they wish to utilize to recover possession of the rental property:  

a.   Full Possession (RPAPL, RPL)

1. The petitioner/landlord must sign a Hold Harmless Agreement requesting the Sheriff give them full possession of the rental property.
2. The petitioner/landlord is responsible for making arrangements for the removal of the respondent/tenant’s property from the premises into an approved storage location, which shall include, but not be limited to:
   1. Movers: The landlord is responsible for the removal of the tenant’s personal property. A minimum of four (4) movers are required for all enforements.
   2. 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.
   3. Other 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 secure them.
3. Members of the Civil Division will not assist in removal.
    

       b.   Legal Possession (Attorney General Opinion No. 95-25)

1. The petitioner/landlord must sign a Hold Harmless Agreement requesting the Sheriff put them into legal possession of the rental property.
2. Tenant’s personal property will be left inside the rental unit at the time of enforcement.
3. The petitioner/landlord is responsible for changing the locks/securing all exterior doors at the time of enforcement, after all persons and pets have been removed.

 
5. The landlord is solely responsible for the tenant’s property and for all costs incurred during the eviction enforcement.

6.  Pets/Companion Animals: A landlord is fully responsible for all costs associated with removing, boarding, etc. any animals left behind by the tenant.