Reclaim What’s Yours: How Queens Landlords Can Work With an Eviction Marshal to Regain Property Legally and Efficiently

Being a landlord in Queens is no small feat. Between navigating New York’s complex housing regulations, managing properties, and dealing with non-paying or holdover tenants, the road to reclaiming your property can feel overwhelming. The good news? The law is on your side — as long as you follow the proper legal process. Working with a licensed New York City Marshal is the most efficient, legally sound way to regain possession of your property, and understanding how that process works can save you time, money, and stress.

Why You Cannot Skip the Legal Process

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. This means that no matter how frustrating the situation is, an owner may not evict a tenant by use of force or unlawful means. Attempting to remove a tenant on your own — by changing the locks, removing belongings, or shutting off utilities — is not only illegal but can expose you to serious legal liability. The path forward always begins in Housing Court.

Step 1: File in Queens Housing Court

Evictions in Queens generally begin when a landlord files a holdover or nonpayment case in New York City Housing Court. Tenants receive court papers — a summons and complaint — and have limited time to respond or appear for a hearing. Failure to appear may result in a judgment for possession and an eviction order enforced by a marshal or sheriff. It’s important to have all your documentation in order, including your lease agreement, rent payment records, and any notices you’ve served to the tenant, before you file.

Step 2: Obtain a Warrant of Eviction

A City Marshal may conduct an eviction or legal possession only after a court has ruled on the landlord’s petition for removal and issued a Warrant of Eviction to the marshal. In New York City, only law enforcement from the office of a marshal or sheriff can carry out the actual eviction. When a landlord obtains a judgment of possession, the court subsequently issues a warrant of eviction, which allows the marshal or sheriff to serve a 14-Day Notice of Eviction, and then carry out the actual eviction.

Step 3: Choose Between Eviction and Legal Possession

Once the warrant has been issued, you have an important decision to make. In both evictions and legal possessions, the City Marshal returns control of the real property — apartment, store, etc. — to the landlord. However, the two options differ significantly in how the tenant’s belongings are handled.

• Eviction: In an eviction, the tenant’s belongings are moved under the supervision of the marshal and stored at a private warehouse.
• Legal Possession: In a legal possession, the tenant’s personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

The marshal acts in consultation with the landlord in determining whether to proceed with an eviction or legal possession. Ultimately, however, it is the landlord’s choice.

What to Expect During the Marshal’s Process

By law, a New York City marshal must give tenants at least fourteen (14) days’ notice before an eviction can take place. The city marshal can evict the tenant at any time after fourteen (14) days following the date of the notice. The marshal may perform an eviction or obtain legal possession between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays.

During the process, the marshal is also responsible for protecting the rights of all parties. The marshal is required to prepare a written inventory of all items contained in the premises of any tenant to be evicted. If the tenant is present at the eviction, the tenant has the right to remove any property or valuables. Additionally, before conducting an eviction or legal possession at a residential premises, the marshal must find out whether the premises are occupied by any individual, such as disabled, elderly, or infirm adults, or unattended children, who are unable to fend for themselves. If such a person occupies the apartment, the marshal must notify DOI, who, in turn, notifies Adult Protective Services (APS).

Be Aware: Tenants Can Still Fight Back

Even after the warrant is issued, the process is not always immediate. Even after a marshal or sheriff serves a notice of eviction, New York eviction law allows a tenant to go back to court to file an order to show cause. An order to show cause can seek any kind of relief, including staying the eviction for a longer period, or even vacating the judgment entered in the eviction lawsuit. This is why working with an experienced and responsive marshal is so critical — delays can be costly for Queens landlords.

Work With a Trusted Queens-Based Marshal: NYC Marshal Edward Guida #14

When it comes to navigating the eviction process in Queens, experience and local knowledge matter enormously. That’s where eviction marshal queens expert Edward F. Guida Jr. #14 comes in. Located at 47-26 104th St. Corona, NY 11368, the Guida Marshal Service has deep roots in the Queens community and a legacy of professional, compassionate service.

Edward F. Guida Jr. graduated from the American Academy McAllister Institute in 2010 but was recruited by his father, the late City Marshal Edward F. Guida Sr., who maintained his office for 25 years. He proudly served New York City’s five boroughs until his untimely passing in 2014. Guida Jr. gained his experience by observing and following his father’s guidance in the field, as well as managing the Marshal’s office through a transition period from 2014 to 2016, when he was appointed to the position of Marshal, City of New York. Eddie Jr. continued his father’s City Marshal business, even taking up his badge number, #14.

The values that define this office are rooted in integrity and respect. They serve their clients and community with compassion, understanding, and dignity — a tradition that dates back to 1988. As a NYC Marshal office, they are authorized to perform a Legal Possession or an Eviction once a Warrant of Eviction has been issued by the NYC Court System within the 5 boroughs. While acting on your behalf, they always conduct themselves in a respectful and professional manner with all parties involved. The office is equipped with the latest technology to gather and facilitate information and documentation needed during this process.

They currently offer Marshal services in all five boroughs of New York City, with offices open Monday through Friday from 9am–5pm.

Final Thoughts for Queens Landlords

Reclaiming your property after a difficult tenancy is a legal right — but only when pursued through the proper channels. The New York City eviction process requires patience, documentation, and the right professional partners. By working with a licensed and experienced marshal like Edward F. Guida Jr. #14, Queens landlords can move through the process with confidence, knowing that every step is being handled legally, efficiently, and with professionalism. Don’t attempt to go it alone — partner with a marshal who knows the system, knows Queens, and is committed to getting results the right way.