Delaware Eviction Laws
Delaware law gives landlords the right to seek an eviction even in some situations that are not covered by the terms of the lease agreement. A tenant who fails to show up to an eviction hearing in Delaware, unlike in many other states, has longer to file an objection to the hearing ruling than a tenant who does show up. However, this objection may be less likely to succeed.
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Reasons
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Delaware allows a landlord to begin eviction proceedings against a tenant for unpaid rent, breaching a condition of the lease or refusing to leave when the lease has ended. It also allows eviction proceedings in two other situations regardless of whether they are mentioned in the lease: the tenant being convicted of a Class A misdemeanor, or a felony, either of which involve threats or actual harm to the property or a person on the property; and violating Delaware's Landlord-Tenant Code.
Notice
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A landlord must serve notice on the tenant before beginning eviction proceedings in unpaid rent cases and with breaches of the lease or Landlord-Tenant Code. The notice period is five days for unpaid rent and seven days for other breaches. The tenant can prevent eviction proceedings by paying the rent or correcting the breach in this time. If a tenant commits the same breach twice in one year, the landlord must still give the seven days' notice, but the tenant will not get the opportunity to correct the breach. In cases involving a conviction or refusing to leave when the tenancy ends (known as "holding over"), the landlord can immediately begin proceedings without issuing notice.
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Hearing
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Once a landlord has filed suit for eviction, the court will issue a notice requesting that the tenant attend a hearing. This notice will be hand-delivered by a constable or sent via certified mail. In both cases the tenant is deemed to have received it even if, for example, the constable is forced to attach it to the property rather than hand it over or if the tenant refuses to collect the letter from the post office.
If the tenant does not show up at the hearing, a default judgment is usually issued in favor of the landlord. The tenant then has 10 days to file a motion to vacate the judgment. If the tenant does show up, the tenant must not only appeal within five days but must specifically ask for a stay of proceedings.
Eviction
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Once the court has ruled in favor of the landlord, and the period for any response by the tenant has expired, the court can issue a 24-hour eviction notice. The constable will deliver this notice and then return after 24 hours (or on the next weekday) to physically evict the tenant.
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