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.
Delaware law provides a strict series of guidelines for the protection of all parties to a lease of residential or commercial property. The intent is to ensure all sides are treated fairly and equitably. Understanding the rights and obligations of all parties prior to, during and after a summary possession action can help prevent costly misunderstandings or outright rejection of the case by the court having jurisdiction.
Under Delaware law, a tenant can terminate a rental agreement in the first month if the landlord does not adhere to the terms of the lease or if the tenant moves into a property where an issue exists that violates an ordinance, code, statute or regulation and the tenant maintains possession because of a promise by the landlord to correct the issues. If the same breach occurs again within six months, the tenant may terminate the agreement by giving the landlord a 15-day written notice specifying the breach and rental agreement termination date.