14 Day Notices

A 14-day notice is issued by a Sheriff, Marshal, or Constable once the landlord obtains a signed warrant of eviction from a judge. This is the final step in the eviction process before physical removal.

⚠️ Important Note: Evictions can happen without a court process, but tenants have the right to defend themselves. If you never received notice to appear in court, you may be able to challenge the eviction with an Order to Show Cause (OTSC). UTA can help you fill one out.

I’m being Evicted

If you are being evicted and need assistance please go to our services pages to learn how we can help.

Rental Assistance
Court Advocacy

Or use our Get Help Now page to get in touch.

What Happens When a 14-Day Notice Is Served?

  • The 14-day notice must be triggered by a signed warrant of eviction issued by a judge.
  • A live warrant allows the landlord to bring the warrant to the Sheriff, who will then serve the 14-day notice via mail, posting, or personal delivery.
  • The 14-day period includes weekends and holidays, but the lockout cannot occur on those days.
  • Evictions can only happen on business days, during daylight hours.

If You’ve Received a 14-Day Notice

  • Start preparing immediately. Pack important documents, medications, and valuables.
  • After the 14 days expire, the Sheriff will come to change the locks. At that point, the apartment is no longer legally in your possession.
  • If you fully complied with a court agreement but still received the notice, go to court immediately and file an OTSC.

Rights in Nonpayment of Rent Cases

In a nonpayment eviction, the tenant has the right to pay all rent owed up to the time of the eviction to stop the lockout.

  • Bring full payment (not partial) to court or directly to the landlord, preferably with proof.
  • If you are on a payment stipulation and miss a payment by even a day or a dollar, the landlord may proceed with eviction without going back to court.

After the Lockout

  • The landlord is responsible for keeping your belongings safe and dry for a reasonable time (typically 14–30 days).
  • This does not mean you get to stay in the unit.
  • Landlords cannot hold your items for ransom, but they can charge for storage if they place your items in a unit.

Emergency Shelter After Eviction

New York is a Right to Shelter state. You cannot be left without a place to go.

  • Before 4:30 PM (weekdays): Go to the Albany County Department of Social Services, 162 Washington Ave.
  • After 4:30 PM or weekends/holidays: Contact Homeless and Travelers Aid Society (HATAS) at 138 Central Ave or call 518-463-2124 for emergency shelter help.

Illegal Lockouts

It is illegal for a landlord to evict you without a court process and a 14-day notice.

If You’re Locked Out Without Notice:

  1. Call your local court to see if a case was filed and if a judgment was entered.
    • If yes: You may need to file an Order to Show Cause (OTSC)
    • If no case was filed: This is likely an illegal lockout
  2. Call the police non-emergency line and request assistance getting back into the home.
  3. Breaking in with police assistance is legal in an illegal lockout.
  4. Ask the officer to complete a Significant Incident Report (SIR).
    • Get the officer’s name and badge number
    • If the officer is reluctant, persist politely but firmly

🚨 Illegal lockouts are a Class A Misdemeanor. You can also sue the landlord for damages.

Money Judgments

Eviction cases can result in a money judgment for unpaid rent. There are two types:

1. Possessory Judgment

  • The tenant must pay the amount owed to remain in the unit.
  • Nonpayment results in eviction.
  • Often ordered as a lump sum or installments.

2. Non-Possessory Judgment

  • The court awards the landlord money owed, but the tenant doesn’t have to move out.
  • These usually apply when the lease has already ended or the tenant is no longer in the unit.

Money judgments can have consequences such as:

  • Damaged credit
  • Frozen bank accounts
  • Wage garnishment (typically 10% of gross income)
  • Added fees from the Sheriff or Marshal
  • Harder to rent future housing
  • Cycle of eviction and unsafe housing
  • Less access to homeownership
  • Long-term financial impact, especially for BIPOC communities
  • Judgments accrue 9% interest and remain valid for 20 years
  • Rarely covered by Social Services, seen as non-emergency debt