Post Eviction Relief

If a tenant has been wrongly evicted by a marshal or needs to remove personal possessions after an eviction, they have a right to ask the judge for permission to get back into the apartment. In either case, the tenant should come to court as soon as possible.

First go to the Clerk’s office to fill out the Post Eviction Order to Show Cause form. To find out where to go in your county, use the Court Locator box on the right.

At the court, you will fill out an Affidavit in Support of An Order to Show Cause to Restore to Possession or to Gain Access.

In the affidavit, the tenant must explain the reasons why they should be allowed back into the apartment. If the tenant did not answer a petition or appear in court, you must:

1. Explain why the court date was missed, and
2. Provide defenses to the case, for example, the rent was paid, and
3. Bring all documents in support of your claim (ie: receipts).

Then, the clerk will submit the Affidavit and an Order to Show Cause to a Judge for review. The tenant may have to wait in the clerk’s office or go to the courtroom where your papers have been sent.

If the Order to Show Cause is signed, the tenant will need two or three copies. The tenant will either be given copies or lent the originals so that they can make copies.

The original Order to Show Cause and Affidavit in Support goes back to the Clerk. The tenant must then serve a copy of the papers on the other side in the manner directed in the order to show cause.

Finally, the tenant must return to court on the hearing date, which will be within one or two days, at the room and time on the order to show cause. The tenant must bring proof of service, a copy of the papers and any other proof of defenses on the hearing date.

If the judge declines to sign the Order to Show Cause or signs it with conditions that the tenant does not agree with, they may challenge this determination by going to the Appellate Term. Refer to Locations to find the Appellate Term in your county.