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Whether the tenants lease/rental agreement is weekly, monthly, or fixed-term, a Delaware landlord must provide all tenants a 60-days written eviction notice to vacate the premises.
Delaware summary possession action varies from county to county, but they still follow the same general eviction process. Send a clear written notice. Fill out the forms. Serve the tenant. Attend the trial. Wait for judgment.
It costs $45 to file an eviction case in Delaware. In addition, you will be required to pay $40 to serve the writ of summary possession on the tenant. The writ is the document that gives you the legal authority to remove the tenant from the rental property.
Delaware Eviction Process Provide Written Notice. File a Summary Possession Action. Serve the Court Documents. Attend the Court Hearing. Complete a Writ of Possession. Take Possession of the Rental Property. Dispose of the Tenants Property.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
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Delaware summary possession action varies from county to county, but they still follow the same general eviction process. Send a clear written notice. Fill out the forms. Serve the tenant. Attend the trial. Wait for judgment.
Delaware Eviction Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice5-60 daysIssuance and Service of Summons and Complaint5-30 daysCourt Hearing and JudgmentA few days to a few weeksIssuance of Writ of Execution10 days1 more row Aug 11, 2022
Whether the tenants lease/rental agreement is weekly, monthly, or fixed-term, a Delaware landlord must provide all tenants a 60-days written eviction notice to vacate the premises.
If the tenant does not have a written lease or the lease term is from month to month, the landlord must give the tenant 60 days notice. As above, the 60 days does not begin to run until the first day of the month after the landlord sent the notice.
A landlord who wants a tenant with a month-to-month tenancy to move, but does not have legal cause to evict the tenant, can give the tenant a written 60-day notice to move. The 60 days will begin on the first day of the month following the notice.

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