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FILING
AN EVICTION IN Delaware
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The Delaware
Landlord-Tenant Code lists all of the laws and rules
describing when and how a landlord can evict a
tenant.
There are some
reasons for which a landlord can NEVER evict
a tenant:
-
The
tenant complained about problems in the
apartment or house
-
Race,
religion, sex, marital status, national origin,
disability, age, or occupation
-
The
tenant has children
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A landlord can
legally evict a tenant for several reasons:
-
Failure
to pay rent or Violating
an important part of the lease or the
Delaware Landlord-Tenant Code
-
Holding-over
(staying after the lease ends without
permission)
-
Conviction
of a Class A misdemeanor or felony that
threatens person or property
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If your landlord has gone to court to evict
you, the court will notify you and tell you when
and where to go to court. You will be notified
in one of two ways:
- By certified mail, return
receipt requested:
If you get a card from the Post Office
telling you to pick up some certified
mail, GET IT! If you do not, the
court will evict you anyway and you will
not get a chance to defend yourself.
A Constable will try to deliver the
notice to you in person. If you are
not home, he may tape it to your door.
Normally, the court date will be 2 to 4
weeks after the date your landlord files their
case. (It can be more or less.) The date
depends on the court schedule.
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IF YOU LOSE IN
COURT
If you lose in court and your landlord has
asked for "possession" of your
apartment or house, the court will order you to
move out. If there was a complete trial on the
summary possession and you lose, you will only
have 5 days to appeal.On the other hand, if a
"default judgment" is entered (most
likely if you did not appear for court), you
will only have 10 days to file a "motion to
vacate".
If you do not appeal and ask for a
"stay of proceedings," the court will
issue a 24 hour eviction notice to the Constable
who will most likely post it on your door within
a week after the time to appeal is up. Also, to
prevent execution on the judgment during the
time of the appeal, you must provide a bond or
otherwise demonstrate your ability to pay all
court costs, money damages and rent, if you lose
the appeal
24 Hours
The 24
hour eviction notice means that the Constable
will be back in a minimum of 24 hours. If
you are still there, he will make you leave.
The constables only work during daylight hours,
Monday through Friday. So, if the 24 hour notice
is posted on Friday, you will have at least
until Monday morning.
If you do not have all of your
belongings out of the house by the time the
Constable comes back, you will have to leave
them behind.
The landlord can remove your belongings and
store them or leave them where they are for 7
days. If the landlord wants to, he can charge
you for storing your property.
If, at the end of 7 days, you have not
claimed your property, the landlord can do
whatever he wants with your property including
keep it, sell it, or leave it on the street. He
cannot hold your property hostage until you pay
the rent but he can ask for his storage costs.
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Disclaimer: The law is
constantly changing and there may be times when the
information on this web site will not be current.
This information is provided for general
informational purposes only and is not intended as
legal advice. This information is not a
comprehensive treatment of the subject and is not a
substitute for advice from an attorney.
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