Posted in Blog  
  on Jun 02, 2015

What Is the Eviction Process in Delaware?

In Delaware, the eviction process is formally known as taking summary possession. Landlords have an advantage in this state as the process proceeds much more quickly than in most other states in the US. It all begins with the initial eviction notice which can be served for the following reasons.

1. Nonpayment of rent.

2. A violation of the leasing agreement.

3. If there is a holdover from a previous lease and no extension in place.

Serving the notice can be done through certified mail, personal service, or posting the notice on the unit door and mailing a second copy to the tenant.

It Is a 5 Day/7 Day Notice for Nonpayment

Most landlords will be able to give a 5 day notice for nonpayment of rent and must include the rental property information and all included adults on the lease. It must be 7 days if the rental property is a manufactured home. A 7 day notice is also required for a lease violation that doesn't involve rental payments. Tenants must receive a specific reason why they are in violation and what they must do to correct the situation. If the situation remains uncorrected after the 7 days, then further proceedings may apply. For those in manufactured homes, this must be a 10 day notice. The counting of days on these notices are actually business days in Delaware, so no weekend days or holidays are counted.

Criminal Violations Require No Notice

For tenants that have committed at least a Class B misdemeanor or any felony offense on the rental property in question, then landlords are allowed to post an immediate eviction notice. This includes drug use and domestic violence, as well as intentional property damage. A 60 day notice is required for an eviction when a tenant enters into a holding over period and every day is counted instead of only business days. Evictions that are won by the landlord will allow for a Writ of Possession to be requested. This gives the tenant 10 days to leave the property. If not, the Sheriff will serve a 24 hour notice to vacate and then enforce it forcibly if necessary. Tenant belongings that remain must be stored 7 days at the tenant's expense. The Delaware eviction process is simple and straightforward. As long as each step is followed properly, then landlords can quickly remove problematic or non-paying tenants.


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