If a tenant has been wrongly evicted by a marshal or needs to remove personal possessions after an eviction, they have a right to ask the judge for permission to get back into the apartment. In either case, the tenant should come to court as soon as possible.
Notice Requirements: Landlords in Delaware must provide proper notice before commencing an eviction, which includes a 5-day notice for unpaid rent or a 7-day notice for lease violations.
The warrant of eviction authorizes the sheriff or marshal to perform the eviction. An eviction is the removal of a tenant and his or her personal belongings from an apartment. The marshal sees that any entrance locks on the premises to which the tenant may have access are changed.
You can typically just search for the county court name online and go directly to their website. There, you can manually use their database search tool to see if your applicant has any eviction records in that county.
Before they can start the eviction process, a landlord must give the tenant an official written 3-Day Notice to Quit. If the tenant fails to vacate the rental unit after the three-day notice, the landlord may continue filing for a Forcible Entry and Detainer action.
In California, once a tenant has given a notice of intent to vacate, they are typically bound by this notice. However, if the tenant wishes to rescind their notice, it would require the landlord's agreement. The landlord is not legally obligated to accept the retraction of the notice.
Eviction cases are public records. Visit your local courthouse or their website to search for eviction filings. Many court systems have online databases where you can search by name. This step ensures you catch any evictions that might not be in private databases.
Good Cause Eviction is a New York State law that went into effect on April 20, 2024. It gives some tenants of unregulated (also known as “market rate”) homes in New York City new protections.
For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.