The policy of the Oneida County Sheriff’s Office Civil Division is NOT to
give legal advice on the matter of evictions. If the matter proceeds to court,
and a warrant has been issued, the following guidelines are in effect when the
warrant is executed.
ALL fees and anticipated expenses to the Sheriff
must be paid in advance.
The Civil Division must inspect and the County
Attorney must approve the warrant before accepting and executing.
All eviction expenses incurred
by the Sheriff’s Civil
Division, i.e., employee overtime, will be billed to you when the process is
Fees are: $75.00 for each Warrant, plus service
and mileage fees.
The original warrant must be furnished from the court of
jurisdiction. The warrant must contain the following:
- Address warrant to: The Sheriff of Oneida County
Original copy – containing Judge’s signature
Eviction Residence – 911 address, complete
description of residence containing apartment number, i.e., if apartment house,
specify on warrant: apartment A, downstairs, upstairs, right, left, straight
EVICTION NOTICE SERVED
The Sheriff’s Civil Division will proceed by
serving the Warrant of Eviction / Notice of Eviction at least seventy-two (72)
hours prior to the eviction (Excluding holidays and weekends) (unless otherwise
authorized by a Judge).
If the eviction is for a mobile home a 30-day or
90-day notice may be used. The
length of the notice period must appear on the face of the warrant.
Do not anticipate anything. You will be
contacted. We will provide you with the date, and time of the eviction.
You or your designee are expected to be at the
residence on the date and time of the eviction.
YOU are responsible for the physical removal of the
tenant's personal belongings. You must provide storage for items removed, for a
reasonable period of time. If the aforementioned method is selected, then you
must bear the responsibility for same as follows:
- Arrangements need to made with a locksmith.
Adequate manpower to remove all personal property.
- Proper storage area. The property cannot be left curbside.
- Adequate equipment (trucks, etc.) must be provided by you to remove all personal property.
EVICTION TIME PARAMETERS
All Warrants of Eviction must be conducted
between sunrise and sunset. The eviction cannot be considered completed until
all people and personal property are removed from said premises and premise is
If you provide manpower and equipment, as stated above, the eviction should be
accomplished within the Officer’s regular work schedule. However, if the
Officer is required to work beyond his regular hours, you will be charged for
Questions regarding storage (how long to store)
should be addressed to your attorney.
POST-EVICTION REGARDING PROPERTY
The tenant will be responsible to contact you (the landlord) for getting his/her
property back. Be reminded that the tenant has as much right to
his/her property as you to yours. You cannot withhold the property for any
reason. You must release the property to him/her upon reasonable request.
NOTE: PLEASE BE ADVISED THAT IF THE ABOVE REQUIREMENTS ARE NOT MET, WE CANNOT
PROCEED WITH THE EVICTION. THE WARRANT WILL BE RETURNED TO THE COURT and you
will be required to pay fees a second time.