Last Updated on December 2, 2023 by Kelvin Nielsen
If you’re a landlord in Delaware, you may be wondering how long it takes to evict a tenant. The answer to this question depends on several factors, including the reason for the eviction and whether the tenant contests the eviction.
Understanding the eviction process and laws in Delaware can help you prepare for a potential eviction and ensure that you follow the correct procedures.
Evicting a tenant in Delaware can take anywhere from one to three months, depending on the type of eviction. If the tenant requests a continuance or jury trial, the process can take longer.
It’s important to note that landlords cannot legally evict a tenant without cause in Delaware. Valid reasons for eviction include failure to pay rent, violating the lease agreement, or causing damage to the property. Before beginning the eviction process, landlords must provide tenants with written notice and give them an opportunity to correct the issue.
Overall, the eviction process in Delaware can be complex and time-consuming. However, by understanding the laws and procedures, landlords can navigate the process more effectively and ensure that they follow all necessary steps.
Understanding Eviction Laws in Delaware
Evicting a tenant in Delaware can be a complicated process that requires landlords to follow specific legal procedures. Understanding the eviction laws in Delaware is crucial for landlords who want to protect their property and their rights.
Grounds for Eviction
In Delaware, a landlord cannot legally evict a tenant without cause. The most common grounds for eviction include failure to pay rent, violating the lease agreement, or engaging in illegal activities on the property.
If a tenant violates the lease agreement, the landlord must provide a written notice to the tenant specifying the violation and giving the tenant a reasonable time to correct the violation. If the tenant fails to correct the violation, the landlord can initiate the eviction process.
Before filing an eviction lawsuit in Delaware, landlords must provide tenants with written notice of their intent to evict. The notice period varies depending on the reason for eviction. For example, if a tenant fails to pay rent, the landlord must provide the tenant with a 5-day notice to pay or quit.
If the tenant fails to pay within 5 days, the landlord can file an eviction lawsuit. If the tenant violates the lease agreement, the landlord must provide the tenant with a 7-day notice to cure or quit. If the tenant fails to cure the violation within 7 days, the landlord can file an eviction lawsuit.
In summary, the eviction process in Delaware can take around one to three months, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer. To ensure a smooth eviction process, landlords must follow specific legal procedures, including providing appropriate notice and filing a complaint in court.
Eviction Process in Delaware
If you are a landlord in Delaware and need to evict a tenant, it is important to understand the eviction process. The process can take around one to three months, depending on the type of eviction.
If tenants request a continuance or jury trial, the process can take longer. Below are the three main steps of the eviction process in Delaware.
Filing an Eviction Lawsuit
To start the eviction process, you must file an eviction lawsuit against your tenant. You will need to file a complaint with the court and have it served to the tenant. The complaint should include the reason for the eviction and the amount of rent owed (if applicable). After the tenant is served, they will have a certain amount of time to respond to the complaint.
Court Hearing and Judgment
Once the tenant responds to the complaint, a court hearing will be scheduled. At the hearing, both parties will have the opportunity to present their case. If the judge rules in your favor, they will issue a judgment for possession of the property. The tenant will then have a certain amount of time to vacate the property voluntarily.
Writ of Possession
If the tenant does not vacate the property voluntarily, you can request a Writ of Possession from the court. The writ allows a sheriff or constable to physically remove the tenant and their belongings from the property. Once the writ is executed, you will be able to take possession of the property.
It is important to note that the eviction process in Delaware is highly regulated, and landlords must follow specific rules and procedures throughout the process. If you are unsure about any part of the eviction process, it is recommended that you seek the advice of an attorney.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Amanda Rose is a seasoned landlord with 13+ years of expertise in overseeing diverse properties. Her adept management spans single and family homes, along with multi-family apartments and condos, across Wyoming and South Dakota. Her commitment and proficiency have cemented her status as a thriving property management professional.
She is a member of the following organizations: Wyoming Landlord’s Association, National Association of Residential Property Managers (NARPM), Wyoming Apartment Association, South Dakota Multi-Housing Association (SDMHA), and South Dakota Landlord Association (SDLA).