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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Under the right of redemption, if the sole basis for the court action is non-payment of rent, a landlord cannot use a court judgment to evict a tenant if all monies owed are paid before the eviction is carried out. This includes all rent owed under the lease, plus any court-awarded costs and fees. If all monies owed are paid before the landlord asks the Court for a writ of possession, then the writ cannot be requested. If all monies owed are paid after the writ has already been issued by the Court, the landlord must make reasonable efforts to stop the eviction by notifying the Court or constable who is carrying out the eviction. The landlord must do this by filing the Right of Redemption Motion/Motion to Stay Writ form (CF20RR).

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What if the person evicted leaves his or her personal property in the unit?

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?