Cal. Civ. Code § 749
Warrant
Operative Text
§ 749. Warrant. 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any constable or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceeding, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of time. 2. (a) The officer to whom the warrant is directed and delivered shall give at least fourteen days' notice, in writing and in the manner prescribed in this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed and shall execute the warrant on a business day between the hours of sunrise and sunset. (b) Such officer shall check such property for the presence of a companion animal prior to executing such warrant and coordinate with such person or persons to be evicted or dispossessed to provide for the safe and proper care of such companion animal or animals. If such persons to be evicted or dispossessed cannot be found after reasonable efforts are made to coordinate with such persons, or if such person is found and declines to take possession of such animal or animals, such officer shall promptly coordinate with the duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals or pound maintained by or under contract or agreement with the municipality in which the animal was found for the safe removal of such companion animal or animals. Such officer shall make reasonable efforts to provide notice to the person or persons to be evicted regarding the location of such companion animal or animals. Disposition of such companion animal or animals shall be in accordance with the provisions of sections one hundred seventeen and three hundred seventy-four of the agriculture and markets law, and all other laws, rules and regulations that govern the humane treatment of animals. "Companion animal," as used in this paragraph, shall have the same meaning as provided in subdivision five of section three hundred fifty of the agriculture and markets law. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner establishes that the tenant withheld the rent due in bad faith. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent.
Under N.Y. Real Prop. Acts & Proc. Law § 749, once a court enters a final judgment in favor of a petitioner in a summary proceeding, it issues a warrant directing a sheriff, constable, or marshal to remove the named occupants from the property. The executing officer must provide at least fourteen days' written notice before carrying out the warrant, and the actual removal must take place on a business day between sunrise and sunset. The statute also requires the officer to check for companion animals before executing the warrant and to arrange for their safe care or transfer to an appropriate animal welfare organization if the occupant cannot be reached or declines to take the animals.
Plain English — not legal advice.
Property owners and managers involved in a summary proceeding governed by N.Y. Real Prop. Acts & Proc. Law § 749 generally understand that a warrant is issued by the court—not self-executed—and that the timeline and manner of enforcement are controlled by the court and the executing officer. Compliant operators typically keep accurate records of all persons named in the proceeding, since the warrant commands removal of those specifically identified individuals. Operators also remain aware that the court retains authority to stay, vacate, or modify the warrant for good cause at any point before execution, and that in nonpayment cases the warrant must be vacated if the full rent owed is tendered or deposited with the court before execution occurs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants facing a warrant issued under N.Y. Real Prop. Acts & Proc. Law § 749 have several procedural protections built into the statute itself. The executing officer is required to give at least fourteen days' written notice before carrying out the removal, and execution may only occur on a business day between sunrise and sunset. In a nonpayment-of-rent case, tendering or depositing the full amount of rent due with the court before the warrant is executed can result in the warrant being vacated, and the court also retains power to stay or vacate the warrant for good cause shown; tenants may wish to consult a tenant-rights organization or legal aid provider to understand which options may be available in their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.