This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Delaware Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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US-00867BG
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
If there is a rental agreement, the tenant can terminate the lease before it expires in specific situations under the law. There is a requirement that there be 30 days' written notice that starts on the first day of the month the day after the notice was given.
3. Timeline Steps Of The Eviction ProcessAverage TimelineIssuing an official Notice5-60 DaysIssuance and Service of Summons and Complaint5-30 daysCourt Hearing and JudgementA few days to a few weeksIssuance of Writ of Execution10 days1 more row ?
Delaware Eviction Time Estimates ActionDurationEviction hearingNo designated timeIssuance/service of writ of possession10+ daysTime to quit after writ is posted24 hoursTotal1-3 months3 more rows ?
An action for summary possession may be filed by either a tenant who has been wrongfully put or kept out of his or her rental unit; by the next tenant of the premises whose term has begun and the former tenant refuses to leave; by a landlord; or by an owner. 25 Del. C. § 5703.
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§ 5106. Rental agreement; term and termination of rental agreement. (a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.
(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in ...
Once a Writ of Possession is issued to the Sheriff, their office can legally forcibly remove the tenant from the premises to repossess the property.