Delaware Eviction Notice Forms
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It is important to understand the eviction process if you are a tenant or a property owner, so you will know your options or rights if you are being evicted or need a tenant removed from your property. In Delaware, the eviction process is formally called a “Summary Possession.” Here are the steps to complete an eviction in Delaware.
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How to Evict a Tenant in Delaware (Step by Step)
Delaware requires property owners to give the tenant written notice for the eviction if the reason is nonpayment of rent, violation of the lease, or the lease has ended and does not automatically expire. For nonpayment of rent, you must give five days’ notice.
Like most states, you have to serve the notice to the tenant personally, and if the tenant is not there, you can post the notice on the door.
If the reason is that the lease has expired, you must give tenants 60 days’ notice. You must give 7 or 10 days’ notice if the reason is a lease violation, and no notice is required if the tenant has committed certain crimes related to the property.
The property owner may file a Summons and a Complaint for Summary Possession with the court if the tenant’s notice expires and the tenant has not corrected the violation or left the property. Copies of these documents must be served to the tenant as well.
- If the landlord is to represent themselves without an attorney, Form 50 (Certificate of Representation) must be files in addition to the above documents.
These documents will describe the property, indicate the parties, the reasons for the complaint, and state a hearing date.
The owner will be granted a default judgment if the tenant does not respond to the complaint and come to the hearing. However, if the tenant comes, he or she may use a number of defenses, for example, that the landlord did not keep the premises habitable, or that the landlord did not provide a copy of the lease.
The mediator or judge will decide who should have possession of the premises after hearing both sides, and if the owner prevails, the judge will issue a Writ of Restitution. This order compels the tenant to vacate the premises within a designated period, usually 10 days, and if the tenant does not, the sheriff’s office may physically remove the tenant.
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