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Delaware landlord and others sued after evicting disabled tenant

On Behalf of | Mar 31, 2021 | Landlord/Tenant Matters

In Delaware, landlord-tenant matters can be complicated and result in people – often the landlord – being viewed in a negative light simply for adhering to the law as it stands. It is never easy to act against a tenant, but in some instances, it is necessary. Eviction is undoubtedly difficult and a last resort. This is made even worse if there is an alleged mistake and the landlord is accused of wrongdoing and faces a legal filing. While the immediate response is to blame the landlord, that does not alter their need for legal guidance to oversee their property and defend themselves against claims.

Wrongfully evicted disabled man sues landlord and the court system

A 52-year-old blind man who was wrongfully evicted from his rented apartment is filing a lawsuit against his landlord and several legal entities. In early February, the man was informed that he and his family had to leave the apartment within a half-hour. This occurred even though he was in possession of a lease on the residence for one year. The constables who told him that he needed to leave stated that the lack of a watermark, seal and that it was not notarized made the lease invalid. These requirements do not exist in Delaware rental law. Also, it was not even the current resident’s name on the order – it was that of the person who lived there previously.

The eviction moved forward even though the man showed the necessary documents. The property was boarded up and the man could not get many of his possessions and keepsakes. He was not behind on the rent as the complaint said. He was forced to move into a homeless shelter. In late February, the court ruled that he should not have been evicted. He had the option to return to the residence, but chose to retrieve his property and leave. The lawsuit asserts the man’s rights were violated and he did not get his deposit back. The landlord denies wrongdoing and said the whole story behind the eviction has not been revealed.

Landlords facing allegations of wrongdoing should have a strong defense

On the surface, any case framed in this way will look difficult for the landlord. Still, there are avenues of defense that can be used in a landlord-tenant dispute that effectively shows the perspective of the landlord. The law itself allowed for this eviction and it is possible that the entire case was based on a misunderstanding. Landlords who are facing problems because of similar circumstances should know the value of legal guidance. Having professional help from the start can be beneficial to reaching a satisfactory conclusion.