Delaware Writ of Possession (Superior Court)
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How to fill out Delaware Writ Of Possession (Superior Court)?
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FAQ
1. After the Landlord Wins the Case. Provided that the tenant does not appeal for reconsideration, a Writ of Possession is issued 10 days after the judgment has passed. The Writ of Possession gives the tenant a maximum of 24 hours to vacate the rental unit.
A landlord or property manager in Delaware can use the Delaware Landlord Notice to Vacate Form when they want a tenant to vacate the rental property at the end of their lease (or leave in 30 days or more if there is no lease).
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
§ 7010(b). (Tenants of residential units must provide at least 60 days written notice of termination for residential units, manufactured homes, and manufactured home lots to avoid possible liability for additional rent, unless otherwise provided in the rental agreement.)
Under Delaware law, the landlord can give the tenant a seven-day unconditional quit notice if the tenant violates the lease or rental agreement and that same violation also violates a city, county, or state code, ordinance, or statute. Under this notice, the tenant is not allowed any time to fix the violation.
The Superior Court has statewide original jurisdiction over criminal and civil cases, except for equity cases and domestic relations matters. The Court has exclusive jurisdiction over felonies and drug offenses (except most felonies and drug offenses involving minors, and except possession of marijuana cases).
If the landlord wins the case but the tenant has not left the premises within ten (10) days of the final judgment, the landlord can file for a Writ of Possession. The writ gives the Sheriff permission to forcibly evict the tenant from the property.
Whether the tenant's lease/rental agreement is weekly, monthly, or fixed-term, a Delaware landlord must provide all tenants a 60-days' written eviction notice to vacate the premises.