72 HOUR NOTICES AND MONEY JUDGMENTS
© 1991-2000 by Neighborhood Legal Services, Inc.
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WHAT MUST A LANDLORD DO TO HAVE ME EVICTED FROM MY APARTMENT?

        In order to be evicted from an apartment, your landlord must serve you with papers, take you to court and get a warrant of eviction. A warrant of eviction is a piece of paper from the court that says your landlord can put you out of your apartment. Your landlord can have you put out in as little as three days.

DOES IT MATTER IF I RECEIVE THE COURT PAPERS PERSONALLY OR IN THE MAIL?

        If you receive the court papers personally and your landlord demanded a money judgment in the court papers, your landlord may get a money judgment along with possession of the apartment. If you disagree with the amount of rent asked for in the court papers, or if you want to stay in your apartment, you should go to court.

        If you did not receive the court papers personally, i.e., if you got them through the mail or attached to your door, and you do not appear in court, your landlord will probably not get a money judgment. You landlord will most likely get a warrant of eviction which can be used to put you out of your apartment. If you want to stay in your apartment, you should go to court. However, if you go to court, your landlord may get a money judgment against you.

        You should always contact Neighborhood Legal Services if you get court papers. If you live in Buffalo, you can also go to Buffalo City Court on the day of your eviction case and speak with a representative from the Lawyer in the Morning Program. You should speak with the representative before you tell the court clerk you are in court.

HOW CAN I FIND OUT IF MY LANDLORD HAS BEEN AWARDED A MONEY JUDGMENT AGAINST ME?

        You can find out whether there is a money judgment on record against you by calling the court.

HOW MUCH TIME WILL I HAVE TO MOVE IF MY LANDLORD WAS AWARDED A WARRANT OF EVICTION?

        After your landlord is awarded a warrant of eviction, he or she must take the papers to a civil officer (usually the Marshal or the Sheriff). The Marshal or Sheriff will go to your apartment or home within the next day or so and place a notice on your door that states you have been evicted and that you have 72 hours to remove your possessions from the apartment. Then, approximately three to five days later, the Marshal or Sheriff will return. If you have not moved by then, you will be removed from the premises and your landlord will be allowed to change the locks on the doors. Outside of the City of Buffalo, evictions may take place exactly 72 hours from the 72-hour notice is posted on the door. You can contact the local Marshal or Sheriff's Office to find out when they plan to remove you.

WHAT WILL HAPPEN TO MY BELONGINGS IF I HAVE TO LEAVE THEM?

        Legally a landlord is not allowed to keep a tenant's personal possessions. However, you should remove all your possessions, especially your valuable ones, before you are evicted.

WHAT ARE MY RIGHTS IF I AM PROPERLY EVICTED AND MY BELONGINGS ARE STILL IN THE APARTMENT?

        It is unlawful for your landlord to legally evict you and then refuse to give you back your possessions. You should contact the police and Neighborhood Legal Services if your landlord refuses to return your possessions to you.

IS MY LANDLORD RESPONSIBLE FOR MY PERSONAL POSSESSIONS IF I MOVE OR I AM EVICTED AND THEY GET LEFT BEHIND?

        Your landlord must make sure your possessions are not lost or destroyed. However, your landlord may put your possessions in storage and you may have to pay the storage fee before the storage company will release them to you.

WHAT CAN I DO IF MY LANDLORD LOSES, DAMAGES, OR DESTROYS MY BELONGINGS?

        You can take your landlord to Small Claims Court for the value of your belongings. For information on the Small Claims Court process, you may contact the Housing Unit of Neighborhood Legal Services at 847-0650. The Housing Unit accepts a limited number of calls each day, Monday through Friday between the hours of 9 a.m. - 12 p.m.

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