Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

Citation
Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action
Jurisdiction
Delaware (state)
Source
Official source
Original Source
https://courts.delaware.gov/help/LandlordTenant/ ↗

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Full Text

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If an evicted tenant leaves his or her personal property on the premises, the landlord may remove and store such property at the evicted person's expense. Such property shall be stored for 7 days by the landlord if no appeal of the summary possession action is taken and for 7 days after the decision on the appeal, if there is an appeal. Following that time, if the person whose property has been stored has failed to claim it and to provide reimbursement for the expense of removal and storage, such property will be deemed to be abandoned. 25 Del.C. § 5715 (d) & (e)

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If the landlord is awarded possession of a mobile home lot and the mobile home is not leased from the landlord, must the tenant remove the mobile home within 24 hours?

The Court may extend the time for removal from 24 hours to 7 days if the tenant prepays a storage fee for the mobile home to the landlord in an amount equivalent to 7 days' rent. However, the tenant may not inhabit the home after the first 24 hours of the notice period.

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What if the tenant does not remove the mobile home from the lot within the required time?

If the tenant does not remove the mobile home during the 7 day period (or during the original 24 hour period if no storage fee is paid), the landlord may remove the unit. The landlord must store the unit (at the tenant's expense) for a period of 30 days before disposing of it through further legal action. The tenant may remove the mobile home from the storage location only if the tenant reimburses the landlord for any judgment amount and the reasonable cost of removal and storage of the mobile home. 25 Del.C. § 5715

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