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When can I issue tenant evictions?

Because of the recent unprecedented federal moratorium on evictions, Delaware landlords may be anxious to take action against renters who are causing trouble or costing the property owner money. Once the ban is lifted, there is likely to be a rush to the courts to deal with tenant evictions. Because of this, those property managers who anticipate having to remove tenants may wish to learn or review the appropriate causes for eviction.

Every state and jurisdiction has its own laws for removing tenants from rental properties, so it is wise for property owners to consult with a legal professional to be certain they are following the correct legal process and that they have appropriate cause to evict, such as any of the following:

  • Nonpayment or late payments of rent
  • Damage to rental units or surrounding property beyond normal wear and tear
  • Other violations of the lease, such as having a prohibited pet or failing to comply with the noise ordinances

Providing notice to the tenant is an essential step in the eviction process. Delaware landlords typically prefer renters to stay under certain conditions, such as paying back rent or making the necessary repairs. However, for a tenant who is habitually delinquent with rent, has caused significant damage, or has brought an illegal or dangerous element to the property, the court may not require conditions before beginning tenant evictions. Additionally, in some areas a landlord may evict a tenant for no reason, but doing so without the advice of an attorney may be risky.

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