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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.

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.

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).

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.

§ 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.)

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.

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).

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.

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COURTHOUSE ADDRESS: PLAINTIFF: DEFENDANT: Reserved for Clerk's File Stamp. The person who served the notice must complete and sign a proof of service for each tenant served.The state courts upheld the statute, but the Supreme Court refused to grant a. Fill out the form Writ of Possession (EJ-130) : This form authorizes the Sheriff to evict the defendants. This form gives you possession of the property. A writ of possession is a legal document a court issues after a landlord is successful in an eviction lawsuit. Superior Court - Housing Session Locations . A Writ of Possession is an order from the Court which has previously made a ruling in favor of a landlord in an eviction case. For additional information. If you are filing for an eviction, you may purchase the appropriate form packets at the courthouse or download them from this page.

Delaware Writ of Possession (Superior Court)

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