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.
Delaware landlords may not be aware that if they have started the eviction process against a tenant, it may be possible for the tenant to delay eviction if he or she has filed for a Chapter 7 or Chapter 13 bankruptcy. In the event that the tenant filed for bankruptcy before the landlord starts the eviction process, the tenant may be granted a stay of the eviction. However, the landlord may ask a federal court to lift the stay, which is likely to be granted since the rental property has no bearing on the value of the tenant's assets.