If a tenant in a Delaware residential property fails to pay rent, a landlord may have many options to either demand that it be paid or terminate the rental agreement. At any time after rent is due, a landlord may issue a written demand for payment. If the past due amount is not paid within five days, a landlord may terminate the agreement. It may also be possible to provide more than five days to pay the past due amount if desired.
Many Delaware residents rent a home or an apartment, but interactions with landlords don't always go according to plan. State law provides various mechanisms that renters can use to seek remedies or terminate their leases when their landlords fall short of their obligations.
When a dispute develops between landlords and tenants in Delaware, the lease agreement is generally the first document that is consulted. Tenants hoping to avoid such misunderstandings may wish to read lease agreements and accompanying documentation thoroughly before signing them, and they should ask questions about any provisions that are unclear or seem contradictory. Keeping copies of all signed documents on hand to refer to if questions arise in the future could also be a prudent step for tenants to take.
If a tenant falls behind on the rent, or does other things the landlord does not like, it may reach the point that the landlord wants the tenant out of the property. In Delaware, evicting a tenant is called obtaining summary possession. There is a process that landlords must follow, or they may not regain possession of the property from the tenant.
It happens all the time to landlords in Delaware: a dispute arises between them and their tenants. Perhaps the tenant has stopped paying rent, or is paying less than the full amount. Or they have moved in roommates or pets that they were not supposed to.