A Guide to the Eviction Process in Wilmington, Delaware

Despite your efforts to rent to high-quality residents, you may find yourself dealing with a difficult resident. For whatever reason, they may become delinquent with rent payments, refuse to lease after the contractual lease period, or cause careless property damage.

Luckily for you, under the Delaware Landlord-Tenant law, you can evict residents causing such issues. But here’s the catch: the process must be judicial from start to finish. You must not try to circumvent the law by using certain illegal means to remove the resident.

For example, threatening or coercing them to leave, or using “self-help” methods, such as locking them out. If you try any of these illegal eviction methods in Delaware, you risk hefty legal and/or financial penalties.

This guide by White Robbins Property Management explains the exact process that DE landlords must use for successful eviction.

What’s the Eviction Process in Delaware? Here is a Guide

Evicting a resident can be stressful, costly, and time-consuming, especially if you’re a DIY landlord. Ideally, working with a professional like a property manager can ensure a quicker and favorable outcome.

Either way, this is the process that Delaware law requires to be followed for successful resident eviction.

Notice for Lease Termination with Legal Cause

Under the Residential Landlord-Tenant Code, DE landlords can begin eviction proceedings against residents for various reasons. Including, nonpayment of rent, illegal activity, and breach of a material lease term.

Other than such ‘just causes’, it’d be illegal to begin eviction proceedings against a resident. You must not try, for example, to evict a resident as a retaliatory tactic after they have exercised a legal right.

Also, discriminatory-based evictions are a no-no under the Delaware fair housing laws. The protected classes include sex, color, race, nationality, creed, marital status, source of income, and domestic abuse victim status.

Serving a Tenant with an Eviction Notice in Delaware

Once you have a valid justification to evict a resident, you can move to the next step and terminate their lease. To do this, you must serve the resident with the appropriate eviction notice.

You must serve a resident these eviction notices using state-sanctioned methods, that is, serving it in person, leaving it with an occupant of a suitable age, mailing it, or posting it in a conspicuous area.

The following are examples of eviction notices you can use under the Delaware resident eviction process:

1. Nonpayment of Rent

For nonpayment of rent, you must provide the resident with a 5-day advance notice to pay or move out. Rent becomes late a day after it’s due. This is usually on the first day of the month, unless there is a grace period.

And speaking of a grace period, please note that Delaware law gives residents a 5-day statutory grace period.

The eviction notice gives the resident up to five days to pay the rent due or move out.

2. Curable Lease Violations

For curable lease violations, you must provide the resident with a 7-day notice to comply or move out. Lease agreements set the ground rules for the landlord-tenant relationship.

If the resident fails to honor their end of the bargain, you can evict them. For instance, if they make illegal property alterations, allow unauthorized residents, or keep unauthorized pets.

The eviction notice gives the resident seven days to make the necessary fixes or vacate the unit.

3. Illegal Activity

For illegal activity on or within the rental property, you can proceed with the eviction immediately. Unlike with other violations, there is no requirement for an eviction notice.

Examples of illegal activity include unlicensed drug operation, and storage of illegal items in the unit.

Tenant Eviction Defenses in Delaware

Evictions are usually hard on residents. They can disrupt their life in several ways. Including, losing stable housing, struggling to find the next apartment, or even experiencing work-related setbacks.

And due to such potential consequences, the resident will try to seek any avenues to try to stop or delay their eviction.

In Delaware, the following are examples of legal defenses the resident can use, which may give them more time in the property.

• The eviction procedure the landlord used was illegal.
• The resident didn’t commit the violation the landlord is alleging.
• The eviction was discriminatory.
• The eviction was in retaliation after the resident exercised a legal right, such as complaining to authorities about safety and/or health violations.

Writ of Possession

In Delaware, a court order for resident eviction is known as a writ of possession. It gives the landlord legal possession of their property, and directs the sheriff or constable to remove the resident if necessary.

Conclusion

This is the step-by-step eviction process that landlords in Delaware must follow to be successful. You can also enlist the services of a professional to help ensure legal compliance throughout the process.

White Robbins Property Management is a trusted family-owned rental management company with over 35 years in operation. We can help handle all your property management worries in the Greater Wilmington & nearby Delaware County. Get in touch to learn more!

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.