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Tenants can use the Delaware Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Delaware Lease Agreement.
Provided that the tenant does not appeal for reconsideration, a Writ of Possession is issued 10 days after the judgment has passed. The Writ of Possession gives the tenant a maximum of 24 hours to vacate the rental unit.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
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 ?
In Delaware, a landlord can evict a tenant for repeating a lease violation within a 12-month period or violating a city, county or state law. To do so, the landlord must first serve the tenant a 7 days' notice to vacate. The tenant does not have the option to fix the issue and must move out within the 7-day period.
How to Evict Step 1 ? Send Eviction Notice to Tenant. Irreparable Harm. ... Step 2 ? Wait to Hear from the Tenant. Step 3 ? File in Court. Average Processing Time. ... Step 4- Set a Hearing Date. Step 5 ? Appear in Court. Common Tenant Defenses. Step 6 ? File Writ of Restitution. Step 7 ? Repossess the Property. Removing the Tenant.
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.
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.