Delaware Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

§ 5514. Security deposit. (a) (1) A landlord may require the payment of security deposit. (2) No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more.

Delaware Eviction Time Estimates ActionDurationEviction hearingNo designated timeIssuance/service of writ of possession10+ daysTime to quit after writ is posted24 hoursTotal1-3 months3 more rows ?

(§5502) If the tenant fails to pay rent, the landlord may, on the day after rent is due, send the tenant a notice that rent must be paid within five (5) days from the date the notice was given or sent, or the rental agreement will be terminated.

A tenant may terminate a rental agreement by giving a minimum of 60 days' written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.

3. Timeline Steps Of The Eviction ProcessAverage TimelineIssuing an official Notice5-60 DaysIssuance and Service of Summons and Complaint5-30 daysCourt Hearing and JudgementA few days to a few weeksIssuance of Writ of Execution10 days1 more row ?

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Once a Writ of Possession is issued to the Sheriff, their office can legally forcibly remove the tenant from the premises to repossess the property.

An action for summary possession may be filed by either a tenant who has been wrongfully put or kept out of his or her rental unit; by the next tenant of the premises whose term has begun and the former tenant refuses to leave; by a landlord; or by an owner. 25 Del. C. § 5703.

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Delaware Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant