Delaware Eviction Process and Laws

When a tenant fails to pay rent or violates the lease in another way, an unfortunate circumstance may result in them needing to move out before the end of their lease term. Landlords should try to work with tenants to come up with a plan that is agreeable to both parties. However, there may be times when this isn’t possible and the landlord must go through the Delaware eviction process and laws to remove the tenant from the property.

We will explore how landlords can initiate an eviction in Delaware and what other options they have if they want to remain their tenants as renters moving forward. Read on for more details about the Delaware eviction process, termination notice requirements, lease violation remedies, and much more.

Delaware Eviction Process and Laws – 6 Things You Should Know

Deleware Eviction Notice Requirements

Landlords are required to give tenants a written notice that specifies the cause for termination, the date the tenant must move out, and the amount of time the tenant has to correct the issue and avoid eviction. The following requirements apply.  If a tenant fails to pay rent, then the notice must specify the amount of rent the tenant owes along with the date the landlord plans to begin the eviction process if the rent is not paid by that date.

If a tenant violates the lease, then the notice should state the violation(s) and when the tenant must correct the issue(s) or face termination. A landlord can give a tenant a notice to vacate at any time as long as it is in writing.

However, if a landlord wants a tenant to vacate at the end of the lease term, then the landlord must provide the tenant with a written notice to vacate at least one month before the end of the lease term.

Delaware Termination & Eviction Forms

Landlords can use the Delaware Termination and Eviction Notice Form to notify a tenant that they must move out of the property. The landlord can use this form to terminate a lease agreement for any of the reasons specified in the notice. This form can also be used as an eviction notice in cases where a tenant fails to pay rent.

The Delaware Termination and Eviction Notice Form is available online. Landlords can use the Delaware Lease Termination Form to notify a tenant that they must move out of the property at the end of the lease term. The landlord must use this form to terminate a lease agreement if the tenant has not signed a lease agreement. This form is available online.

Delaware Landlord Rights During Tenancy

A landlord can terminate a lease agreement with a notice to vacate at any time with the proper notice requirements. If a tenant fails to comply with the lease, the landlord may give the tenant a notice to correct the violation or risk termination of the lease. A landlord can change the terms of a lease at any time as long as the terms don’t violate any Delaware laws.

However, a landlord must provide the tenant with a written notice of any changes at least 30 days before the new terms go into effect. A landlord can increase the rent during the lease term, but only if the landlord provides a written notice of the increase at least 30 days before the increase goes into effect.

Delaware Standard Eviction Notice

A landlord can use the Delaware Standard Eviction Notice if a tenant fails to pay rent, violates the lease, or otherwise fails to comply with the terms of the lease. This notice informs the tenant that they have 14 days to correct the issue before the landlord begins the eviction process. The Delaware Standard Eviction Notice is available online.

Delaware Late Fee Eviction Notice

A landlord can use this notice if a tenant fails to pay late rent, but the tenant has paid the amount due in the past. This notice informs the tenant that they have 14 days to pay the late rent plus a late fee before the landlord begins the eviction process. The Delaware Late Fee Eviction Notice is available online.

Delaware Cause for Eviction and Breach of Contract Eviction

A landlord can use this notice if a tenant has failed to comply with the terms of the lease and there is no remedy at the end of the lease term. This notice informs the tenant that they have 14 days to either move out of the property or face an eviction lawsuit. The Delaware Cause for Eviction and Breach of Contract Eviction Notice is available online.

Other Options for Landlords to Remove Tenants in Delaware

Other options that a landlord has under the Delaware eviction process and laws are as follows for different situations.

• If the tenant’s lease has expired and the tenant has not signed a new lease, then the landlord may serve the tenant with a notice to vacate.
• If a tenant has failed to pay rent, then the landlord may give the tenant a 10-day notice to pay rent or face eviction. This notice is also called a notice to quit.
• If a tenant has violated the lease and the lease does not provide a remedy, then the landlord may give the tenant a 10-day notice to comply. This notice is also called a notice to comply.
• If a tenant is holding over beyond the end of the lease term, then the landlord may give the tenant a 10-day notice to quit.

Conclusion

Landlords have certain rights during the lease term that are governed under the Delaware eviction process and laws. If a tenant fails to comply with the lease, the landlord may issue the tenant a written notice specifying the issue and the amount of time they must correct the violation before an eviction process is initiated.

The landlord must follow specific Delaware eviction notice requirements, such as specifying the cause for termination, the date the tenant must move out by, and the amount of time the tenant has to correct the issue and avoid eviction. If the tenant continues to violate the lease, then the landlord must send the tenant a new notice to correct the violation before proceeding with the eviction process.