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 finalized.
- 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 name and signature dated
- Wording specifying "Earliest Date upon which execution can occur is _____ " or something similar RPAPL § 749
- 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 ahead, etc.
EVICTION NOTICE SERVED
The Sheriff’s Civil Division will proceed by serving the Warrant of Eviction / Notice of Eviction at least 14 days prior to the eviction (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.
(There are two options)
Attorney General (AG) Eviction Method: AG Eviction Opinion 95-25 http://ag.ny.gov/sites/default/files/opinion/I%2095-25%20pw.pdf
- Landlord signs Hold Harmless Agreement Hold Harmless Blank.docx
- Deputies remove tenants and do a walk through
- Locks are changed and Eviction is over
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 (unless landlord selects AG Eviction Method) and premise is secured.
If you choose the AG Method or 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 his/her overtime.
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. This is true with either method of eviction (OPTION A or B).
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.