WHAT DOES THIS BOOKLET EXPLAIN?
This booklet explains the special procedures which apply in an action to obtain
possession of a rental unit, known as an action for summary possession . A summary
possession action should only be filed if possession alone is sought or if both
possession and money (such as back rent) are sought. If only money is sought from
the other party in a landlord-tenant case (for example, the return of a security deposit),
a debt action should be filed and different procedures will apply. Before filing an
action for summary possession, it is important that you decide whether you want to
ask the Court to give you possession of the unit.
WHAT OTHER RESOURCES ARE AVAILABLE?
This booklet is intended to help only with Court procedures in summary possession
actions. For further information on summary possession, and for information on the
substantive rights and obligations of landlords and tenants, you should consult the
Residential Landlord Tenant Code (contained in Part III of Title 25 of the Delaware
Code)
A summary may be obtained from the Consumer Protection Unit of the Attorney
General’s Office or a copy of the Code may be obtained by calling Legislative
Council in Dover at the appropriate number listed in the blue pages of the phone
book. Also, the Code is contained in any public library and on the internet at
www.delaware.gov (then click Delaware Agencies; then Delaware General Assembly;
then online publications; then Landlord Tenant Code).
If you are a landlord or tenant of a mobile home or mobile home lot, you should also
consult the Mobile Homes Lots and Leases Act (contained in Chapter 70 of Title 25
of the Delaware Code). The substantive rights and obligations of commercial
landlords and tenants are usually governed by general contract law.
It is also important to consult your rental agreement to determine any specific rights
or duties which are included in it. Tenants of federally subsidized housing have
additional rights and obligations beyond those created by State law and should check
their rental agreements for further information. Information to help you with general
civil procedures including the filing of a debt action (if you are seeking money only)
is available on this web site. You may also wish to review the sample complaint for
summary possession and the Justice of the Peace Civil Court Rules . In addition, you
may visit a law library to review caselaw and other statutes which may be relevant to
your case.
An option all parties should consider in any landlord-tenant dispute is mediation .
It is free, and a quick way for the parties to reach a mutually acceptable result if they
want to avoid litigation. Mediation is informal and can be quickly scheduled and
heard. It often helps a situation where the parties hope or expect to continue an
agreement or relationship. Trained mediators are available in all three counties at no
charge for all types of landlord-tenant disputes. For more information on mediation
contact:
New Castle County: Delaware Center for Justice (658-7174)
Kent and Sussex Counties: County: Center for Community Justice (424-0890)
If you do decide to file a court action for possession of a rental unit , you should
realize that summary possession cases may be complicated to present and parties are
encouraged, though not required, to have an attorney represent them. (However,
parties who are artificial entities, such as a corporation, must file a Form 50 if they
choose not to be represented by an attorney.)
WHAT IS MEANT BY SUBSTANTIVE RIGHTS AND OBLIGATIONS?
The Residential Landlord Tenant Code and the Mobile Homes Lots and Leases Act
provide that landlords and tenants must do certain things and that if they do not, the
other party has certain rights. For example:
A landlord has the obligation to supply hot water, heat, and electricity and a
tenant may, if these are not supplied, after giving written notice to the
landlord, seek to keep two-thirds of the daily rent for any period when these
are not supplied.
A tenant has the obligation to pay rent and a landlord has the right to charge a
late payment (not more than 5% of the monthly rent) when rent is not paid on
time, to sue for back rent and/or to seek possession of the unit for unpaid rent.
A tenant has the obligation not to damage the unit and the landlord has the
obligation to return the security deposit or the difference between the security
deposit and the amount set forth in a list of damages within 20 days of
termination of the rental agreement. If the landlord does not return the security
deposit and/or a list of damages within 20 days of the termination, the tenant
may seek the return of double the security deposit, but only if the tenant has
provided the landlord with a forwarding address at or prior to the termination
of the rental agreement.
The substantive rights and obligations described above are examples of those
provided by statute. Tenants and landlords also have other rights and obligations
which do not relate to summary possession actions but which may be the basis of
debt actions, or which, when specified in the statute, can be enforced directly
without going to court. You should consult the Residential Landlord Tenant Code
and/or the Mobile Homes Lots and Leases Act for further information.
WHO MAY FILE AN ACTION FOR SUMMARY POSSESSION?
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.
The person or organization who files the action is known as the plaintiff and the
person against whom the action is filed is the defendant .
MAY ACTIONS FOR SUMMARY POSSESSION BE BROUGHT FOR
COMMERCIAL RENTAL AGREEMENTS?
Summary possession procedures apply to commercial, as well as to residential, rental
agreements. (However, the substantive rights and obligations of landlords and tenants
will be determined by the rental agreement and general contract law and not by the
Residential Landlord Tenant Code or Mobile Homes Lots and Leases Act.) In
addition to those actions discussed elsewhere in this booklet, landlords of commercial
properties may file a distress for rent. (Distress for rent actions are not allowed for
residential rental agreements.) This action permits a levy upon (i.e., a seizure, which
may, or may not, include a physical removal) and sale of the tenant’s goods if back
rent is owed and there is reason to believe that the tenant would dispose of the goods
in the absence of the levy. 25 Del.C. Ch. 63.
WHAT ABOUT MOBILE HOMES OR MOBILE HOME LOTS?
A summary possession action may also be brought to recover possession of mobile
homes and mobile home lots. 25 Del.C. § 7002(b).
ARE THERE RENTAL AGREEMENTS FOR WHICH AN ACTION FOR
SUMMARY POSSESSION MAY NOT BE BROUGHT?
Summary possession actions may not be brought for the following types of rental
agreements: (1) nonrenewable rental agreements of 120 days or less in certain areas of
Sussex County; (2) institutional, fraternal, or hotel-type lodgings; (3) rental
agreements for ground upon which improvements were made or installed by the
tenant and used as a dwelling where the tenant retains ownership or title thereto, or
obtains title to the improvements; (4) rentals involving mobile home parks operated
by the State or the federal government on parkland owned by either; (5) rentals in
mobile home parks operated solely for recreational campers or travel trailers, (6) and
the rental of a recreational camper motor home, travel trailer or the rental of ground
on which such a vehicle is placed. 25 Del.C. § 5102 ; 25 Del.C. § 7005.
WHAT ARE THE GROUNDS FOR SEEKING SUMMARY POSSESSION?
Unless otherwise agreed in a written rental agreement, an action for summary
possession may generally be brought:
1. by a tenant because the tenant has been wrongfully removed from or kept out
of the unit (for example, the landlord has changed the locks and kept the tenant
out of the unit without a court order permitting this).
2. by a new tenant because the old tenant is unlawfully continuing in possession
of the unit.
3. by a landlord because the tenant has:
o stayed in all or part of the unit after the expiration of the rental
agreement without permission of the landlord;
o wrongfully failed to pay the agreed rent;
o wrongfully deducted money from the agreed rent;
o breached a lawful obligation relating to the tenant’s use of the
premises;
o stayed in the unit for more than 15 days after dismissal when the
housing was supplied by the landlord as part of the compensation for
labor or services;
o refused to give possession of a rental unit which has been damaged by
fire or other casualty when the landlord needs to repair the unit;
o been convicted of a class A misdemeanor or any felony during the term
of the rental agreement which caused or threatened to cause irreparable
harm to any person or property;
4. b y an owner when the tenant has:
o stayed in the unit for more than 5 days after the property has been duly
sold upon the foreclosure of a mortgage.
In addition, a summary possession action for a commercial rental unit may be
brought upon any grounds provided for in the rental agreement and a summary
possession action for a mobile home or mobile home lot may be brought for any of
the grounds set forth in the Mobile Home Lots and Leases Act - 25 Del.C. § 5702
SHOULD ANYTHING BE DONE BEFORE FILING FOR POSSESSION?
Yes. A landlord of a residential unit, or of a mobile home or mobile home lot
should notify the tenant in writing that the rental agreement is being terminated
or, if for cause, will be terminated, if corrective action is not taken . The amount of
notice which the landlord must give the tenant depends upon the reason for
terminating the rental agreement and type of rental. A complaint should not be filed
until the time allowed in the notice has passed and the tenant has either not paid the
amount due, or stopped the violation, as appropriate.
For failure to pay rent - A written demand for payment must be given
or sent to the tenant before bringing an action for summary possession
for failure to pay rent. The demand must inform the tenant that he or
she has a specified time period after the notice was given or sent to pay
the amount due, or the rental agreement will be terminated and an
action for summary possession may be brought in court. Once the
specified period has elapsed, a court action for possession can be filed.
(a) For residential units (including manufactured homes), the time
specified to make the payment must be at least 5 days after the date the
notice was mailed or hand delivered. 25 Del.C. § 5502(a). For
example, for a residential unit (including a manufactured home), if the
notice is given Friday, August 1, the landlord must give the tenant until
at least August 8 to pay the rent before filing an action for summary
possession. (Weekends are excluded when a time period is less than 7
days).
(b) For manufactured homes, the time specified to make the payment
must be at least 7 days from the date the notice was mailed or hand
delivered. 25 Del.C. § 7010A(b)(3).
For violation of rules – Advance written notice specifying the rule
allegedly violated and providing an opportunity for the tenant to
correct rule violations must generally be given or sent to the tenant
before bringing a summary possession action for violation of rules.
(a) Residential units. . The notice must specify the rule allegedly
violated and advise the tenant that, if the violation continues after 7
days, the landlord may terminate the rental agreement and bring an
action for summary possession. The notice may also state that it is
given pursuant to 25 Del.C. § 5513 and that if the tenant commits a
substantially similar violation within 1 year, the landlord may rely
upon such advance notice as grounds for initiating an action for
summary possession. However, no advance notice is required if a
breach by a tenant causes or threatens to cause irreparable harm
to any person or property, or the tenant is convicted of a class A
misdemeanor or felony during the term of the tenancy which
caused or threatened to cause irreparable harm to any person or
property. 25 Del.C. § 5513.
(b) Mobile homes and mobile home lots . The notice must specify the
acts or omissions constituting the violation, and advise the tenant that
if the violation continues 10 days or more following receipt of the
notice, the landlord may terminate the rental agreement. 25 Del.C. §
7010(d).
Termination at expiration of rental agreement – Unless otherwise
provided in the rental agreement, the tenant should be given or sent
written notice of termination at least 60 days before the end of the
rental term. If the rental agreement is for a mobile home lot only (and
does not include the mobile home), in the absence of tenant
misconduct, the landlord may only refuse to renew a rental agreement
if there will be a change in the land use. In that situation, the landlord
must follow the special notification requirements contained in 25
Del.C. § 7010(g). (Tenants of residential units must provide at least 60
days written notice of termination for residential units, mobile homes,
and mobile home lots to avoid possible liability for additional rent,
unless otherwise provided in the rental agreement.) 25 Del.C. § 5106
(c) (for residential units); 25 Del.C. § 7006 (b)(3) and (c)(1)) (for
mobile homes and mobile home lots).
Termination of month to month rental agreements – The tenant must be
given at least 60 days written notice with the 60-day period beginning
the first day of the month following the day of actual notice. (Tenants
must provide the same notice to landlords to avoid liability for
additional rent.) 25 Del.C. § 5106(d)
For federally subsidized units , if there is any conflict in notice
provisions between the Landlord-Tenant Code and any federal law,
regulations, or guidelines covering subsidized units, the latter controls.
For commercial rentals , notice requirements are determined by the
specific rental agreement.
HOW ARE THE TIME PERIODS MENTIONED COMPUTED?
For all the time periods mentioned in this booklet, the day of the event from which the
period of time runs is not included, unless specifically stated. The last day of the
period is included, unless it is a Saturday, Sunday or legal holiday. In that event, the
time period will run until the end of the next day which is not a Saturday, Sunday, or
legal holiday. When the period of time is less than 7 days, intermediate Saturdays,
Sundays and legal holidays are not included in calculating the period of time. For
example, a summary possession appeal must be filed within 5 days of the Court’s
judgment. If the judgment is entered on Friday granting possession to the plaintiff, the
defendant has until the following Friday to file an appeal (5 days excluding the
Saturday and Sunday). If a party has the right or is required to take some act within a
prescribed period after service by mail, 3 days are added to the prescribed period.
HOW DOES AN ACTION FOR POSSESSION BEGIN?
The action should be filed in the Justice of the Peace Court closest to the rental
property. "Filing" consists of filling out and returning to the Court the necessary
papers. You will need to fill out a complaint form (J.P. Civ. Form No. 1). If you are a
corporation, partnership, or other "artificial entity" and do not wish to use an attorney
to represent you in court, you will also need to file a Certificate of Representation
(Form 50). You may obtain the Form 50 from the Court or online at the Justice of the
Peace Court web site listed above. (Both forms may be filled out online, but may not
be filed with the Court online. After you have filled out the complaint form (Form 1),
if you are using a complaint form you obtained online, you should make four copies
of the complaint and any attachments. You should retain one copy for your records
and take, or mail, the original plus three copies, along with the filing fee to the Court.
(If you are using a carbonized copy of the complaint supplied by the Court, you do not
need to make any additional copies, other than one for your own records.) The Form
50 should be mailed with a check or money order for the required fee to the Office of
the Chief Magistrate at the address listed on the form.
The information which is required to be contained in/attached to the Complaint is
described below. Once the Court receives your paperwork, it will serve the papers on
the other party unless you wish to hire a special process server to serve the papers (the
$40.00 filing fee includes service by the Court.)
Remember, that if the action is for money only, such as a claim for rent or return of a
security deposit, a debt action, rather than a summary possession action, must be filed.
However, if seeking both money and possession, a summary possession action should
be filed.
WHAT INFORMATION MUST THE COMPLAINT CONTAIN?
All Complaints:
The complaint form (JP Civ. Form No. 1) is used for all civil complaints in the Justice
of the Peace Court and, therefore, does not specify what must be contained in a
summary possession action. However, the Landlord-Tenant Code (25 Del.C. § 5707)
requires that certain specific information be included in a summary possession
complaint. Therefore, in all complaints, the following should be included in the
section of the complaint entitled "Concise Statement of the Facts."
1. The interests of the plaintiff and the defendant and their relationship
to each other with regard to the rental unit (for example, landlord and
tenant);
2. A statement of the facts upon which the action is based. Example 1 :
"The tenant has failed to pay rent for the last two months, a written
notice was sent to the tenant on September 15th, and the tenant has not
paid any rent." Example 2 : "The landlord changed the locks on
September 15th and has unlawfully kept the tenant out of the rental
unit since that date. The rent per day is $15.75 and the tenant seeks
three times the amount of the rent for the period the tenant has been
kept out of the unit." (25 Del.C. § 5313) for more information on
tenants unlawfully kept out of a unit.
A copy of any written notice sent to the tenant must be attached to
the complaint. For example, if you are a landlord seeking possession
of a residential unit, including a mobile home or mobile home lot, for
failure to pay rent, you must attach a copy of the notice which you
gave to the tenant stating that unless payment is made within the time
specified the rental agreement will be terminated. (See the discussion
above in the section entitled "Should Anything Be Done Before Filing
for Possession" for more information on the notice.)
3. A statement of what the plaintiff seeks in the action (for example,
possession of the unit or possession and back rent).
In addition, you should be sure to include the address of the rental
unit in the special space provided on the complaint a few lines below
the space for the defendant’s name and address.
Special Requirements for violations of rules or provisions of the rental
agreement:
A landlord claiming that the tenant has violated a rule or rental agreement provision
relating to the tenant’s use of the rental unit must also include the following
information in the complaint (25 Del.C. § 5708) :
1. The rule or provision of the rental agreement allegedly broken, the
date the tenant was told of the rule, and the way in which the tenant
was told about the rule (for example, handed to tenant, mailed). A copy
of the rule or provision as initially provided to the tenant must be
attached.
2. Facts showing that the rule was broken and that the landlord gave
the tenant the required notice. (See the notice requirements for breach
of rules discussed earlier.)
3. Facts showing a continued or recurring violation of the rule.
4. A statement of the purpose served by the rule.
5. If the rule did not exist when the tenant entered into the rental
agreement, a statement that it does not work a substantial modification
of the tenant’s bargain, or if it does, that the tenant consented
knowingly, in writing, to the rule.
If you (plaintiff) wish to have a jury trial:
Unlike other actions in the Justice of the Peace Court, jury trials may be held in
summary possession actions. To have a jury trial, you must be sure to check the
"trial by jury" box on the complaint . Parties are particularly encouraged (though
not required) to have an attorney represent them when there is a jury trial.
WHAT HAPPENS AFTER I FILL OUT THE PAPERS?
Your action for possession will be scheduled for trial and the defendant will be served
with the complaint and summoned to appear at trial. You will receive a notice in the
mail giving the date and time of the trial. It may take several weeks before your trial
will be held, depending on the number of cases filed in that court.
HOW ARE THE COMPLAINT AND SUMMONS SERVED?
If possible, the complaint and summons will be served by the constable handing these
papers to the defendant. If not, the constable will leave the papers with a person of
suitable age and discretion who resides or is employed in the rental unit. If neither of
these methods is possible, and the defendant is a person, the papers are posted on a
conspicuous part of the rental unit and sent by either certified or first class mail with
certificate of mailing to the rental unit or any other address known to the plaintiff at
which it is likely the defendant will receive the papers. If the defendant is an artificial
entity, such as a corporation or partnership, after posting, the papers must also be sent
by certified or first class mail with certificate of mailing to the principal place of
business of the defendant, if known, or to any other place known to the plaintiff at
which it is likely the defendant will receive the papers. 25 Del. C. § 5706
DO I HAVE TO WAIT SEVERAL WEEKS FOR A TRIAL IF THE OTHER
PARTY IS DAMAGING MY PROPERTY?
If a landlord or tenant has substantial evidence that the party from whom summary
possession is being sought is causing substantial or irreparable harm to the other’s
person or property, the injured party may apply to the Court for a forthwith summons
so that the case will be heard at an earlier date. 25 Del.C. § 5115
WHAT DO I DO IF I AM THE DEFENDANT IN AN ACTION FOR
SUMMARY POSSESSION?
1. A defendant does not have to file any written answer in a summary possession case,
but a defendant must appear in court at the time and place specified in the
summons or the defendant will lose by default. (However, a defendant in a case in
which only money is being sought, such as an action for back rent or for the return of
a security deposit, i.e., a debt action, will receive an answer form (JP Civ. Form No.
7) and this answer must be filed within the time specified or the case will be lost by
default.)
2. To have a jury trial, a demand for a trial by jury must be made within 10 days
of being served with the papers . There is no special form for this. The demand
should be made by stating on a piece of paper, which includes the name of the case
and its case number, that a jury trial is demanded. The demand should be signed and
dated and filed with the Court. The defendant must make the demand for the jury trial
within 10 days of being served with the notice of the suit. Parties are particularly
encouraged (though not required) to have an attorney represent them when there is a
jury trial.
3. The defendant may file a counterclaim . A counterclaim is a claim by the
defendant against the other party. For example, if the landlord is suing for possession
and back rent, the tenant may file a counterclaim for the value of furniture ruined
when the roof leaked if it was the landlord’s responsibility to fix the roof and the
landlord failed to do so. Generally, counterclaims must be filed at least 5 business
days before the trial.
The Justice of the Peace Court cannot award more than $15,000 on any claim or
counterclaim. If more than $15,000 is sought, the counterclaim may be filed in the
appropriate court within 60 days of the entry of judgment in the summary possession
action. 25 Del.C. § 5711(b).
Alternatively, if the counterclaimant is willing to accept an award limited to
$15,000, the counterclaim may be filed in the Justice of the Peace Court.
4. A third party action against a party who may be liable for all or part of the
damages (along with, or instead of, the defendant) may be filed at least 5 days
before the trial.
More information on filing a counterclaim or a third party complaint is contained in
the booklet How to File and Defend a Civil Claim in the Justice of the Peace Court of
the State of Delaware .
HOW SHOULD I PREPARE FOR TRIAL?
The booklet, How to File and Defend a Civil Action in the Justice of the Peace Court
of the State of Delaware, provides general information on preparing for trial and what
you may expect at trial. Also, remember, that summary possession cases may be
complicated to present and the parties are encouraged to have an attorney represent
them in court.
A few points to remember which are specific to Summary Possession cases are:
1. A copy of the rental agreement should be brought to court.
2. A landlord seeking possession should bring a copy of the notice of rental
agreement termination which was given or sent to the tenant.
3. Any dates that may be important to your case (for example, the date you
discussed the rental, the move in date, the date the first payment of rent was
made, etc.) should be noted for easy reference in court.
4. Tenants and landlords should be sure to review the Residential Landlord-
Tenant Code or Mobile Home Lots and Leases Act, as appropriate, and the
rental agreement to determine whether there is anything the other party is
required to do that he or she hasn't done. If it can be proven that the landlord
or tenant has failed to fulfill his or her duties, this failure can be part of the
other party’s claim or defense.
5. Each party (tenant and landlord) should think, in advance, about what they
want and how they will explain and prove that to the judge at trial. Also, each
party should think about what the other party might want and how they would
respond at trial.
CAN I RECOVER THE COSTS OF MY SUIT FROM THE OTHER PARTY?
When the Court enters judgment in the case, the Court will order the losing party to
pay the court costs of the suit. However, attorneys’ fees, by law, may not be awarded
with regard to residential units in summary possession cases.
WHAT CAN I DO IF A NON-SUIT OR DEFAULT JUDGMENT IS ENTERED
AGAINST ME?
A non-suit judgment is a judgment against a plaintiff which is entered when the
plaintiff, after proper notice, fails to appear at the date and time for trial. A default
judgment is a similar judgment against a defendant when the defendant fails to appear.
In summary possession cases, a party may file a motion to vacate a non-suit or default
judgment. In most cases, this motion must be filed within 10 days of the entry of the
judgment. 25 Del.C. § 5712
HOW DO I APPEAL A DECISION?
A written request to appeal the decision must be made within 5 days after the
judgment of the Justice of the Peace Court in which your case was heard. The appeal
will be heard by a special panel of 3 justices of the peace which will not include the
justice of the peace who originally heard the case. If the original trial was a non-jury
trial, a new trial before the special panel will be held. When a new trial is held, the
appeal may also include claims and counterclaims which were not raised in the
original proceeding. However, to have new claims or counterclaims considered,
the claimant must file, within 5 days of filing the appeal, a bill of particulars
identifying the new issues which the claimant intends to raise at the hearing.
Information on filing a Bill of Particulars is available in the booklet How to File
and Defend a Civil Claim.
If the original trial was a jury trial, the special panel will review the record of the case
and the person appealing the decision must specify to the panel the legal issues that
the person appealing believes were decided incorrectly. 25 Del.C. § 5717
The fee for an appeal of a summary possession case is $50. In addition to the appeal
fee, a cash bond may be required to prevent eviction from taking place during
the appeal.
In a case in which the judge has ruled that failure of the tenant to pay the rent
arose out of a good faith dispute, the tenant may usually stay all proceedings on the
judgment by paying all rent due at the date of the judgment and the court costs.
Alternatively, the tenant may stay the proceedings by filing a statement and such
security as the Court orders that all rent and costs will be paid within 10 days of the
judgment. If payment is not made within ten days, a writ of possession may be
requested by plaintiff and issued by the Court. 25 Del.C. § 5716.
A good faith dispute means one in which there was an honest difference of opinion
relating to the rights of the parties pursuant to the rental agreement or the Residential
Landlord Tenant Code. 25 Del.C. § 5141(9)
WHAT IF I CAN'T AFFORD THE FEES TO FILE A CASE OR AN APPEAL
OR I CAN’T AFFORD THE COSTS OF A BOND?
An application (called an " in forma pauperis" application ) may be made to the Court
for these costs to be waived for persons the court determines are unable to pay. The
clerk can provide the necessary forms. 25 Del.C. § 5718
HOW DOES A WINNING PLAINTIFF ACTUALLY GAIN POSSESSION OF
THE UNIT?
If the party in possession of the unit does not vacate it on his or her own, the plaintiff
may ask the Court to issue a writ of possession. There is an additional fee of $35.00
for issuing this writ. The writ of possession is an order to the constable to remove all
persons who have been found to be wrongfully in the unit. The Court will not issue
the writ of possession until 10 days from the date of the judgment have passed. In
addition, if the defendant has appealed and has posted a bond and/or any other
assurances required by the Court, the Court will wait to order the eviction to
determine whether or not the plaintiff is successful upon appeal. 25 Del.C. § 5715
If the defendant has appealed but has not filed a bond or assurances, the Court may
issue the writ of possession upon the plaintiff’s request. However, if the tenant is
evicted, but is ultimately successful on appeal, the plaintiff will be responsible for
reasonable cover damages for the period while the tenant was evicted from the unit
(including but not limited to the costs of substitute housing and moving), plus court
costs and fees.
If an eviction is ordered, the person(s) to be removed will be given at least 24 hours
notice that they must vacate the premises. 25 Del.C. § 5715 (b)
WHAT IF THE PERSON EVICTED LEAVES HIS OR HER PERSONAL
PROPERTY IN THE UNIT?
If an evicted tenant leaves his or her personal property on the premises, the landlord
may remove and store such property at the evicted person’s expense. Such property
shall be stored for 7 days by the landlord if no appeal of the summary possession
action is taken and for 7 days after the decision on the appeal, if there is an appeal.
Following that time, if the person whose property has been stored has failed to claim
it and to provide reimbursement for the expense of removal and storage, such property
will be deemed to be abandoned. 25 Del.C. § 5715 (d) & (e)
IF THE LANDLORD IS AWARDED POSSESSION OF A MOBILE HOME
LOT AND THE MOBILE HOME IS NOT LEASED FROM THE LANDLORD,
MUST THE TENANT REMOVE THE MOBILE HOME WITHIN 24 HOURS?
The Court may extend the time for removal from 24 hours to 7 days if the tenant
prepays a storage fee for the mobile home to the landlord in an amount equivalent to 7
days’ rent. However, the tenant may not inhabit the home after the first 24 hours of
the notice period.
WHAT IF THE TENANT DOES NOT REMOVE THE MOBILE HOME
FROM THE LOT WITHIN THE REQUIRED TIME?
If the tenant does not remove the mobile home during the 7 day period (or during the
original 24 hour period if no storage fee is paid), the landlord may remove the unit.
The landlord must store the unit (at the tenant’s expense) for a period of 30 days
before disposing of it through further legal action. The tenant may remove the mobile
home from the storage location only if the tenant reimburses the landlord for any
judgment amount and the reasonable cost of removal and storage of the mobile home.
25 Del.C. § 5715
