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Delaware Landlord And Tenant Legal Questions

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24 legal questions have been posted about landlord and tenant law by real users in Delaware. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.

Can anonymous witness testimony be used in civil proceedings?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   4 Answers
Hearsay is generally not admissible as evidence, and you lease will have to be reviewed to determine the landlords rights. How much time is left on the lease as, under the circumstances it is not going to be renewed.
Hearsay is generally not admissible as evidence, and you lease will have to be reviewed to determine the landlords rights. How much time is left on... Read More

Can a homeowners association garnish a landlord's rental income for back assessments due the association?

Answered 12 years and 3 months ago by Erven T. Nelson (Unclaimed Profile)   |   5 Answers
Yes, but it would need to get a judgment first in all likelihood.
Yes, but it would need to get a judgment first in all likelihood.

If sheriff comes, how long can I stay if I lost an eviction case?

Answered 12 years and 9 months ago by Frances Ann Headley (Unclaimed Profile)   |   5 Answers
The Sheriff must serve the writ of possession and then wait 5 days before removing you from the premises.
The Sheriff must serve the writ of possession and then wait 5 days before removing you from the premises.

Is it common practice for the landlord to ask for financial statements for a commercial lease for one year?

Answered 12 years and 11 months ago by Kathleen Delacy (Unclaimed Profile)   |   1 Answer
Sometimes to verify creditworthiness.
Sometimes to verify creditworthiness.

Can my landlord evict me using a hand written notice to vacate?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   6 Answers
No. The landlord would need to follow the laws for eviction in Justice Court. First would be a 5-Day Notice to Pay Rent or Quit Premises. You would then be able to respond to the Court within 5 days. If you did so, you would get a hearing. If you did not respond, the landlord would next give another notice that the Constable was going to evict you and change the locks.... Read More
No. The landlord would need to follow the laws for eviction in Justice Court. First would be a 5-Day Notice to Pay Rent or Quit Premises. You... Read More

In a 12 month lease, can your landlord change the locks the following month after the first month you weren't able to pay rent?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   4 Answers
The landlord can do that if he got an order of eviction. Usually, the constable changed the locks.
The landlord can do that if he got an order of eviction. Usually, the constable changed the locks.

What can I do if I had an accident in my apartment?

Answered 13 years ago by John F. Brennan (Unclaimed Profile)   |   4 Answers
There may be a cause of action, make an appointment to explain the details.
There may be a cause of action, make an appointment to explain the details.

What can I do if I had an accident in my apartment?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   4 Answers
You can make a claim against the owner of the apartment and its insurance company. If they wont pay for your medical bills, pain, suffering, disability, etc., you could sue.
You can make a claim against the owner of the apartment and its insurance company. If they wont pay for your medical bills, pain, suffering,... Read More

What does it mean to receive an alias summons and what will happen?

Answered 13 years ago by Richard Keyes (Unclaimed Profile)   |   2 Answers
An alias summons means that the plaintiff tried to serve you once before but was unsuccessful. A new summons had to be issued and that is an alias summons. If you do not timely respond to the summons, a default judgment can be taken against you. Please see an attorney as soon as possible.... Read More
An alias summons means that the plaintiff tried to serve you once before but was unsuccessful. A new summons had to be issued and that is an alias... Read More

What does it mean to receive an alias summons and what will happen?

Answered 13 years ago by Kathleen Delacy (Unclaimed Profile)   |   2 Answers
It means they tried to serve you before but were unable so they had to file an alias. If you do not answer the complaint you can have a default judgment placed against you.
It means they tried to serve you before but were unable so they had to file an alias. If you do not answer the complaint you can have a default... Read More

Can I collect rent while UD is in process?

Answered 13 years ago by Frances Ann Headley (Unclaimed Profile)   |   6 Answers
If you take rent now the court may very well rule that you have waived your request for termination of the tenancy. It is always better not to accept rent after the notice period has run.
If you take rent now the court may very well rule that you have waived your request for termination of the tenancy. It is always better not to... Read More

Who owns the home between the two brothers?

Answered 13 years ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
The home is owned by both brothers equally, however, unless one of the brothers removes the home from joint tenancy (by deeding his interest to himself as a tenant in common with the other brother), the surviving brother will become the sole owner, after the first brother dies. The brother that paid off the home or paid for repairs, taxes and insurance (in the name of both brothers) does not get any credit for those payments, except to the extent that they exceed the fair market rental value of the home. If the brother in possession made improvements (as opposed to repairs) that brother is entitled to a credit to the extent of the increased value attributable to those improvements. The resolution of the joint ownership issues between the brothers is addressed in California under the law of Partition.... Read More
The home is owned by both brothers equally, however, unless one of the brothers removes the home from joint tenancy (by deeding his interest to ... Read More

What can I do if landlord won’t return security deposit is there an instance i.e.: misrepresentation that I can sue for 3 times amount owed?

Answered 13 years and a month ago by Erven T. Nelson (Unclaimed Profile)   |   5 Answers
You have a claim for breach of contract. If you can prove fraud or misrepresentation, you could get punitive damages.
You have a claim for breach of contract. If you can prove fraud or misrepresentation, you could get punitive damages.

Do I have a legal recourse if my room mate left 4 months earlier than the lease was due?

Answered 13 years and a month ago by Erven T. Nelson (Unclaimed Profile)   |   9 Answers
If the roommate signed the lease, or had an agreement with you to pay part of the rent through the end of the lease, you would have a breach of contract claim against the roommate. You could enforce it in small claims court.
If the roommate signed the lease, or had an agreement with you to pay part of the rent through the end of the lease, you would have a breach of... Read More

What happens if I make a partial payment toward rent after getting a 3 day notice?

Answered 13 years and a month ago by Kathleen Delacy (Unclaimed Profile)   |   1 Answer
In Delaware first of all, you must receive a 5-day notice. Landlord can still proceed if he gives you proper.
In Delaware first of all, you must receive a 5-day notice. Landlord can still proceed if he gives you proper.

What can be done if owner is trying to sell property while being sued by a tenant?

Answered 13 years and a month ago by Valerie Lynn Kramer (Unclaimed Profile)   |   12 Answers
Your question is too general to be able to properly answer. It would depend upon why the tenant was suing the landlord. Without that information, no one will be able to give you a proper answer.
Your question is too general to be able to properly answer. It would depend upon why the tenant was suing the landlord. Without that information,... Read More

What do I do if my landlord told me sign and date 1.28 even though I didn’t get the lease until 2.5?

Answered 13 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers
Cross it out and put in 2.5.13.
Cross it out and put in 2.5.13.

What do I do if my landlord told me sign and date 1.28 even though I didn’t get the lease until 2.5?

Answered 13 years and 2 months ago by Neil J. Lehto (Unclaimed Profile)   |   5 Answers
The actual date of signing is insignificant to you.What's important to you is the date of move-in and the date rent commences, which should be set forth clearly in the lease.
The actual date of signing is insignificant to you.What's important to you is the date of move-in and the date rent commences, which should be set... Read More

What can be done of we are removed by the property manager without warning?

Answered 13 years and 2 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   6 Answers
Well he need to give you written notice. I don't understand how he could have remove you without a written notice or due process. Unless you volunteered to leave.
Well he need to give you written notice. I don't understand how he could have remove you without a written notice or due process. Unless you... Read More

Can I pay the rent to court before eviction?

Answered 13 years and 2 months ago by Erven T. Nelson (Unclaimed Profile)   |   5 Answers
File a response to the 5-day Notice to Pay Rent or Quit Premises that was issued by the Court and served on you. If you don't have that, file a petition with the court asap to avoid eviction. You can pay up until the court date, but you must respond so that the court will place the matter on calendar. Otherwise, the court will not know that you have a defense and the constable will receive an order to evict you. You should get a notice of eviction by the constable. If so, respond to it as explained on its face. If you have not received it, you must file something with the court to stop everything.... Read More
File a response to the 5-day Notice to Pay Rent or Quit Premises that was issued by the Court and served on you. If you don't have that, file a... Read More

How do I get out of the title and mortgage?

Answered 13 years and 2 months ago by Valerie Lynn Kramer (Unclaimed Profile)   |   5 Answers
If you are not legally married to this person, then your remedy is to bring an action for partition against her. This is not a simple matter and you should definitely consult with an attorney. You must make the mortgage payments if you don't want the house to go into foreclosure.
If you are not legally married to this person, then your remedy is to bring an action for partition against her. This is not a simple matter and you... Read More

Are there any grounds for him taking the lease or the landlord keeping us, non-family related, from pursuing lease renewal with no damages to the apt?

Answered 13 years and 2 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   6 Answers
Unfortunately, there are no ownership rights for tenants. Once a lease is over, a landlord can tell a tenant to leave with proper notice. The reason why this is dons does not matter except that discrimination is not allowed.
Unfortunately, there are no ownership rights for tenants. Once a lease is over, a landlord can tell a tenant to leave with proper notice. The reason... Read More

Can my ex fiance bring someone into my home without my permission?

Answered 13 years and 2 months ago by Mark Richard West (Unclaimed Profile)   |   7 Answers
Is here name on the deed as well as the mortgage. That would be strong support for her having an equal right to use the property as she desires, just as you do.
Is here name on the deed as well as the mortgage. That would be strong support for her having an equal right to use the property as she desires,... Read More

What do I do with tenant’s belongings?

Answered 13 years and 2 months ago by Kathleen Delacy (Unclaimed Profile)   |   1 Answer
Since she is incarcerated, you may want to contact JP Court for the best way to handle this.
Since she is incarcerated, you may want to contact JP Court for the best way to handle this.
Landlord and Tenant Law
Delaware

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