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Real estate law and tenant evictions in Delaware

On Behalf of | Mar 18, 2015 | Landlord/Tenant Matters

Both tenants and landlords need to understand how the eviction process works and under what circumstances a tenant may be evicted. Many tenants commonly believe that landlords can simply throw them out, but that is not the case. Instead, landlords must go through the eviction process in order to force tenants to move out.

To initiate the eviction, the landlord must first provide notice of his or her intention to the tenant. There are several types of notices that may be used, depending on the reason for the eviction. If the notice is for cause, the landlord must have a valid reason to demand the tenant vacate the property. The simplest is the pay rent or quit notice, in which the violating tenant may cure his or her violation by paying the back rent and fees owed.

Cure or quit notices are sometimes given when a tenant has violated another lease term. These notices allow the tenant to get into compliance with the lease or to move. Unconditional quit notices are reserved for situations in which the violation is a major one. These notices do not give a tenant any right to try to cure his or her violation of the lease.

People involved in a landlord/tenant dispute may want to consult with a real estate attorney. An attorney may be able to review the lease and the relevant facts to determine the appropriate steps his or her client may take. In the event a person has been illegally evicted from his or her rental property, an attorney may help by filing a civil complaint designed to secure damages on his or her client’s behalf. Landlords who need advice on the appropriate way in which to evict a problem tenant may also benefit by seeking the help of a real estate attorney.