Delaware Evictions

See Also:

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

A landlord can legally evict a tenant for several reasons:

Failure to pay rent
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

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.

By Constable:

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.

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.

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.