Delaware

Delaware Landlord Tenant Law  declasi.org  Evictions/Termination of the Tenancy 40% off Desert Essence Formulas at House of Nutrition!

Can My Landlord Evict Me From My Rental Unit Without a Valid Court Order? NO! The law in Delaware requires a landlord to obtain an order from the Justices of the Peace Court ("JP Court") before evicting a tenant from the rental unit. The landlord must go to JP Court and file a lawsuit for "summary possession". It is only after a hearing and a judgment from the Court that a landlord can evict a tenant from the rental unit. If your landlord tries to evict you without an order from the Court, you should call the police immediately.  The police should advise the landlord that he or she is trespassing and that they must go have an order from the Court to make you move. back to top    Winter100

Does My Landlord Have to Send Me An Eviction Notice Before Filing an Action in Court? 25% - 50% off TwinLab Products at House of Nutrition Before filing a complaint with the court to evict a tenant, the landlord must send the tenant a written notice terminating the landlord-tenant relationship. The notice must be sent in a certain way and the content of the notice depends upon the reason for the landlord's action. The landlord must send the termination notice in writing. The landlord cannot tell you on the telephone or when the landlord comes to collect the rent. Delaware Law requires that the notice must be in writing. The landlord must send the notice in one of three different ways. The notice can be sent by certified or registered mail, by certificate of mailing or it can be hand-delivered. The notice cannot be slipped under your door or left under the windshield wiper of your car. If you receive a notice of certified or registered mail from your landlord, you must pick it up! If you ignore the notice of certified or registered mail, and the letter is returned to the landlord, the landlord can still use that letter in Court to evict you. The Court deems that the notice is delivered effectively as long as the landlord uses the correct address. It does not matter that you did not pick up the letter. If you receive a termination notice DO NOT THROW IT AWAY. You should keep it for your records and show it to an attorney if you have one. Quite often there are errors in the contents of the letter which can prevent the landlord from evicting you from your rental unit. Link to Any Page on House of Nutrition Content of the Termination Notice The content of the notice depends upon the reason for the landlord's action. The Delaware Residential Landlord-Tenant Code requires the landlord to use different types of notices for different reasons for eviction. Non-Payment of Rent If the landlord is terminating the tenancy because the tenant did not pay rent, the landlord must send the tenant notice that the rent is due and that the tenant must pay the rent due within a specified time after the date on which the notice is sent.  In most cases, the landlord must give the tenant at least 5 business days to pay the rent. The notice must also advise the tenant that if the rent is not paid within the time specified in the notice, the tenancy will be terminated. If the tenant pays the rent within the period specified in the notice, the landlord cannot evict the tenant from the rental unit. If the rent is not paid by the date mentioned in the notice, the landlord can file an eviction complaint with the Justices of the Peace Court ("JP Court") and obtain an eviction order (a "writ of possession"). Lease Violation If the landlord wants to terminate the tenancy because the tenant violated the lease or a rule the landlord must send the tenant written notice describing the violation and giving the tenant seven calendar days to correct the problem.  25% off Solaray Vitamins at House of Nutrition The notice must also state that failure to correct the violation may lead the landord to terminate the tenancy and file a complaint for the tenant's eviction. Please be aware that if the violation is not corrected, or if the same violation is repeated within one year following the notice, the landlord may file a complaint for eviction with the JP Court. To show you how this works suppose the landlord sends a seven day notice to the tenant to repair a hole in the wall made by one of the tenant's children. The tenant has seven days from the date the letter was sent to fix the hole in the wall. If the hole is fixed within seven days the tenant may stay. If not, the landlord can file an eviction action at the JP Court. Termination Without Cause If the landlord is not terminating the tenancy because the tenant did something wrong, but is terminating the tenancy because the landlord simply no longer wants to rent the property to the tenant, the landlord must send a different written notice. The landlord must send the tenant the notice of termination at least 60 days before the end of the lease term. If the tenant does not move at the end of the sixty day period the landlord may file an eviction complaint with the JP Court. The "term" is the length of time for which the landlord and tenant agreed for the rental of the property. If the landlord and tenant agreed to a one year tenancy, the term is one year. Solgar Vitamins at House of Nutrition The 60 day period for the notice does not begin to run until the first day of the month after the landlord sent the notice. It sounds confusing, doesn't it? Here is an example: If the tenant receives a 60 day notice on the third day of September, the 60 day period does not begin to run until the first day of October (the "following month"). Consequently, the tenant would not have to move from the rental unit until December 1st. (60 days from October 1st). However, if the tenant receives the notice on the first day of the month, the 60 days begins immediately. If the tenant does not have a written lease or the lease term is from month to month, the landlord must give the tenant 60 days notice. As above, the 60 days does not begin to run until the first day of the month after the landlord sent the notice. These are the most common reasons that a landlord terminates a tenancy but there are other reasons and corresponding notice requirements as well.  Free Shipping w/$99 at House of Nutrition Use Code: AFFSHIP expires 12/31/08 In addition, the requirements mentioned above vary if a tenant lives in a mobile home park or in subsidized housing. You should contact CLASI or a private attorney as soon as possible for assistance if you receive a termination notice.