We usually think of an uninvited guest on someone’s private property to be a trespasser. Trespassers don’t have rights, so why should an unwelcome guest who is living there have them? Under common law, an individual may acquire valid title to land that does not belong...
Landlord/Tenant Matters
When is eviction necessary?
On Behalf of Tunnell & Raysor, P.A. | Nov 17, 2021 | Landlord/Tenant Matters
As a landlord, knowing when the law is on your side can be challenging, especially as eviction moratoriums made it illegal to remove or cause the removal of a tenant for nonpayment of rent. Landlords in Delaware and elsewhere have mortgages to pay or repairs to make...
Is constructive eviction an effective way to break a lease?
On Behalf of Tunnell & Raysor, P.A. | Oct 29, 2021 | Landlord/Tenant Matters
In landlord-tenant law, there are rights and obligations that each party entering into a lease agreement owe to the other as governed by state and common laws and outlined in the lease agreement. The landlord has a duty to maintain the property and common areas, keep...
What should be included in a lease
On Behalf of Tunnell & Raysor, P.A. | Sep 21, 2021 | Landlord/Tenant Matters
It is important that landlords and tenants are protected and leases can help ensure that. For landlords to be properly protected, there are several terms that should be included in a lease and landlords should know what those terms are when they are negotiating a...
Tenants’ right-to-counsel bill one step closer to governor’s door
On Behalf of Tunnell & Raysor, P.A. | Jun 18, 2021 | Landlord/Tenant Matters
In June 2020, Governor John Carney modified the State of Emergency to permit residential eviction if “necessary in the interest of justice.” In the minds of at least one legislator, the decision has weighted the legal relationship in favor of landlords. Legislation...
What do landlords need to maintain for their rental units?
On Behalf of Tunnell & Raysor, P.A. | May 11, 2021 | Landlord/Tenant Matters
There are many people in Delaware who rent their residences. This could a home, townhome, condo, apartment or other types of rentals. While people reside in these rentals and have privacy within their rental unit, there are many differences between renting and owning...
Delaware landlord and others sued after evicting disabled tenant
On Behalf of Tunnell & Raysor, P.A. | 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...
Landlord-tenant dispute over excessive rent sparks legal filing
On Behalf of Tunnell & Raysor, P.A. | Jan 6, 2021 | Landlord/Tenant Matters
There are many reasons a landlord-tenant dispute can erupt in Delaware. During the current health crisis, many of these disagreements are about unpaid rent because the renter has lost employment, has medical expenses and is dealing with an uncertain future. The...
When is early termination by the tenant allowed in Delaware?
On Behalf of Tunnell & Raysor, P.A. | Dec 8, 2020 | Landlord/Tenant Matters
In Delaware, landlord-tenant disputes can be challenging for both sides. This issue has grown in prominence with the ongoing health issue engulfing the nation. Landlords have lamented the situation as they are often unable to collect what they are owed. Tenants have...
When can I issue tenant evictions?
On Behalf of Tunnell & Raysor, P.A. | Nov 2, 2020 | Landlord/Tenant Matters
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...
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