Eviction Law in Dover, DE
An attorney specializing in tenant law can provide insights, clarify legal notices, and represent you in court. Wfit action is often necessary to avoid unfavorable outcomes in Dover.
Whether negotiating with your landlord or defending your case, you can find the legal help you need today.
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Dover, Delaware eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Dover, DE tenant frequently pays rent late, or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.
The lease agreement is also legally binding for the landlord. This means that any Dover landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.
The Tenant Damages the Property
Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.
If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your Dover property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.
However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.
How to Evict a Tenant in Dover, Delaware
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Dover, DE attorney can help review your case to determine if you do.
Tenant rights and protections are enshrined in state law, guaranteeing fair and safe housing conditions. These rights encompass the right to a habitable dwelling in Dover. Tenants should also receive written eviction notices contingent on the reason. For example, it could be a five-day notice for nonpayment of rent.
Step 2. Give a Formal Notice of Eviction
If your tenants continue to violate the terms of your lease despite your efforts to address the issue, it may be time to issue a formal eviction notice. This notice acts as a final warning, clearly outlining the violations and providing tenants with specific steps they must take to correct the issue and avoid eviction.
In addition to detailing the violations, the eviction notice should include a firm deadline for tenants to pay any overdue rent or vacate the property. Be sure to specify the exact amount owed. If you’re unsure how to draft a proper eviction notice, consider using online templates or consulting a legal professional to ensure compliance with local laws.
Nonpayment of rent necessitates a five-day notice, allowing tenants to settle outstanding payments. Lease violations or criminal activities require a seven-day notice. Month-to-month tenancies demand a 60-day notice for termination without cause in Dover.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Most eviction cases in Dover are under the Justice of the Peace Court 7. It has jurisdiction for local landlord-tenant matters.
Step 4. Contact an Experienced Dover, Delaware Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Dover, DE law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Dover, Delaware
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Dover attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Delaware state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
