Marshal Eviction Notice and Eviction Prevention
In a commercial eviction case, after the court issues a Judgment and Warrant of Eviction, it is sent to a New York City Marshal. The Marshal will schedule an eviction and deliver an “Eviction Notice” to the tenant, who usually has five business days to vacate the premises. Unless the tenant brings an Order to Show Cause, the Marshal and building manager will come to the property to change the locks and take possession of the property.
The only way to prevent this eviction is to file an emergency Order to Show Cause with the Court. If you have been served with an Eviction Notice, contact an experienced commercial landlord-tenant attorney immediately. Justin C. Brasch and his legal team have over 20 years of experience preventing evictions.
If your possessions are still at the premises after an eviction, the landlord can remove them from the property and have them stored at your expense. You have the right to reclaim your possessions, but if you do not, they will be auctioned off or disposed of. During the time that your property is in limbo, neither your landlord nor the Marshal may sell it.
If you are in bankruptcy, you can probably obtain an automatic stay of your eviction. Though your landlord may attempt to get the stay lifted, the Marshal cannot evict you in the State of New York while the stay is in place.
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