Restoration After Eviction

If you think you have been improperly evicted by a marshal based upon a court order or judgment you may seek to be restored to possession. You should come to court as soon as possible. If your landlord has illegally locked you out of your apartment without first going to court and obtaining a judgment of possession and a warrant of eviction, you may also seek to be restored to possession, but you must start a proceeding against your landlord. You may refer to illegal lock-out for more information.

To find out where to go in your county to be restored to possession after eviction by a marshal, go to Locations. At the court, you will fill out an Affidavit In Support Of An Order To Show Cause To Restore To Possession. In your affidavit, you must explain the reasons that entitle you to be put back into your apartment. If you failed to answer a petition or failed to appear in court, you must explain this. If you have defenses to the proceeding, for example, that the rent was paid and you have receipts, you must list your defenses. You should bring all documents in support of your claim. Once you have filled out the Affidavit, the clerk will witness it for you.

The clerk will then submit your Affidavit and an Order to Show Cause to a Judge for review. You may have to wait in the clerk’s office or go to the courtroom where your papers have been sent. If your application is signed you will need two or three copies of the Order to Show Cause and Affidavit in Support. You will either be given copies or lent the originals so that you can make the copies yourself. The original Order to Show Cause and Affidavit in Support goes back to the Clerk. You must then serve a copy of the papers on the other side in the manner directed in the order to show cause. The papers should be served by someone over the age of 18, who is not a party in the action. For more information, you can refer to Orders to Show Cause.

You must return to court on the hearing date, which will generally be within one or two days, at the room and time indicated on the order to show cause. You should bring proof of service, a copy of the papers and any other proof of your defenses with you on the hearing date.

If the judge declines to sign your Order to Show Cause or signs it with conditions that you do not agree with, you may challenge this determination by going to the Appellate Term. You may refer to Locations to find the addresses of the Appellate Term in your county.

You can also watch a community seminar discussing what legal and procedural steps to take if you have been evicted from your home called, "What to Do If You've Been Evicted."