Delaware Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
Control #:
US-03314BG
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Word; 
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.

Tenant Rights to Withhold Rent in Delaware Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

In the case of an emergency the landlord may enter at any time. (c) The tenant shall permit the landlord to enter the rental unit at reasonable times in order to obtain readings of meters or appliances for measurement of utility consumption in ance with § 5312 of this title. 70 Del. Laws, c.

The Delaware Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notice, so the other party has reasonable awareness about their responsibilities.

§ 5106. Rental agreement; term and termination of rental agreement. (a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Consumer Protection Unit of the Attorney General's Office. The Consumer Protection Unit of the Attorney General's Office has the power to enforce the provisions of the Residential Landlord Tenant Code. Suspected violations of the Code should be reported to the Unit by calling 577-3250 or 1-800-220-5424.

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Delaware Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand