Last Updated on November 29, 2023 by Amanda Rose
If you’re a Delaware resident dealing with a problematic roommate, you may be wondering how to legally evict them. While evicting a roommate can be a difficult and uncomfortable process, it can be necessary to ensure the safety and well-being of everyone involved.
In Delaware, the eviction process is governed by the state’s Landlord-Tenant Code, which outlines the legal rights and responsibilities of both tenants and landlords.
Before taking any steps to evict your roommate, it’s important to understand Delaware’s Landlord-Tenant Code and how it applies to your situation. This code covers everything from security deposits to the eviction process, so it’s important to familiarize yourself with its contents.
For example, the code specifies that landlords must provide tenants with written notice before initiating the eviction process, and that tenants have the right to contest an eviction in court.
If you’ve determined that eviction is the best course of action, there are several steps you’ll need to take to legally remove your roommate from the property. These steps include serving your roommate with written notice, filing a complaint with the court, attending a hearing, and obtaining a writ of possession. While the process can be complex, following the proper procedures can help ensure a smooth and successful eviction.
- Familiarize yourself with Delaware’s Landlord-Tenant Code before attempting to evict a roommate.
- The eviction process involves serving written notice, filing a complaint with the court, attending a hearing, and obtaining a writ of possession.
- Following the proper procedures is essential to a successful eviction.
Understanding Delaware’s Landlord-Tenant Code
If you’re considering evicting a roommate in Delaware, it’s essential to understand the state’s Landlord-Tenant Code. This code outlines the legal rights and responsibilities of both landlords and tenants, including the eviction process.
Legal Grounds for Eviction
Under Delaware law, landlords can only evict tenants for specific reasons. These reasons include:
- Failure to pay rent
- Violation of the lease agreement
- Damage to the property
- Illegal activity on the premises
- End of the lease term
It’s important to note that landlords cannot evict tenants for discriminatory reasons, such as race, religion, or gender. If a landlord attempts to evict a tenant for discriminatory reasons, they could face legal consequences.
Notice Period and Eviction Process
Before a landlord can evict a tenant, they must provide them with written notice. The notice period depends on the reason for eviction. For example, if the tenant has failed to pay rent, the landlord must provide a 5-day notice. If the tenant has violated the lease agreement, the landlord must provide a 7-day notice.
If the tenant does not leave the property after the notice period expires, the landlord can file an eviction lawsuit in court. The court will schedule a hearing, and both the landlord and tenant will have the opportunity to present their case. If the court rules in favor of the landlord, they will issue a writ of possession. The writ of possession gives the landlord the legal right to remove the tenant from the property.
In summary, if you’re considering evicting a roommate in Delaware, it’s important to understand the state’s Landlord-Tenant Code. Make sure you have legal grounds for eviction, provide the appropriate notice period, and follow the proper eviction process. By doing so, you can ensure a smooth and legal eviction process.
Steps to Evict a Roommate in Delaware
If you need to evict a roommate in Delaware, you must follow specific steps to ensure that the process is legal and valid. The eviction process in Delaware involves four main steps: providing written notice, filing an eviction lawsuit, attending the court hearing, and executing the eviction.
Providing Written Notice
The first step in the eviction process is to provide your roommate with written notice. According to Delaware law, you must give your roommate at least seven days’ notice before you can file an eviction lawsuit. Your written notice should include the reason for the eviction and the date by which your roommate must vacate the premises. You can deliver the notice in person or by certified mail.
Filing an Eviction Lawsuit
If your roommate does not vacate the premises after receiving the written notice, you can file an eviction lawsuit with the court. You must complete the necessary forms and pay the filing fee. The court will then serve your roommate with a summons and complaint.
Attending the Court Hearing
After your roommate receives the summons and complaint, the court will schedule a hearing. You and your roommate must attend the hearing, and the judge will hear both sides of the case. If the judge rules in your favor, the court will issue a writ of possession, which gives you the right to take possession of the property.
Executing the Eviction
The final step in the eviction process is to execute the eviction. You must wait at least 24 hours after the court issues the writ of possession before you can remove your roommate’s belongings from the property. You can hire a constable or sheriff to assist you with the eviction. Once your roommate has vacated the premises, you can change the locks and take possession of the property.
In summary, evicting a roommate in Delaware involves providing written notice, filing an eviction lawsuit, attending the court hearing, and executing the eviction. It is important to follow each step carefully to ensure that the process is legal and valid. If you have any questions or concerns about the eviction process, you may want to consult with an attorney or legal aid organization.
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.
Sources: Delaware Landlord Tenant Act, How to Evict a Tenant in Delaware, How to Evict a Family Member in Delaware: A Step-by-Step Guide, 5 Day Eviction Notice in Delaware: Understanding the Process, What Is A 30-Day Notice to Vacate in Delaware?
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).