A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.
A Delaware Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal document filed by a landlord if a tenant at will fails to pay rent and refuses to vacate the premises after receiving a statutory notice to quit. In Delaware, there are two main types of Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent that landlords can file: 1. Residential Complaint or Petition: This type of complaint or petition is used in cases involving residential properties where the landlord seeks to recover possession of the premises from a tenant at will who has defaulted on their rent payment. The landlord is required to provide a statutory notice to quit to the tenant, which is a written notice stating that the tenant must either pay the past-due rent within a specified period or vacate the premises. If the tenant fails to comply with the notice, the landlord can file a residential complaint or petition to initiate the legal process of recovering possession. 2. Commercial Complaint or Petition: This type of complaint or petition is used in cases involving commercial properties where the landlord seeks to recover possession of the premises from a tenant at will who has not paid their rent on time. Similar to residential cases, the landlord must serve a statutory notice to quit to the tenant, giving them a specific period to pay the outstanding rent or vacate the premises. If the tenant fails to comply, the landlord can proceed with filing a commercial complaint or petition to recover possession. When drafting a Delaware Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent, it is crucial to include essential information such as: 1. Names and addresses: Include the full legal name and address of the landlord, tenant, and the rental property. 2. Rental agreement details: Specify the terms of the rental agreement, including the start and end dates, rent amount, payment due dates, and any other relevant lease provisions. 3. Notice to quit: Attach a copy of the statutory notice to quit that was served to the tenant, ensuring the notice includes the amount of past-due rent, a deadline for payment, and consequences if the tenant fails to comply. 4. Evidence of nonpayment: Provide evidence that the tenant has indeed fallen behind on their rent payments. This can include copies of rent receipts, payment records, or any correspondences regarding late payments. 5. Request for possession: Clearly state that the purpose of the complaint or petition is to recover possession of the premises due to the tenant's failure to pay rent and comply with the notice to quit. 6. Court filing: Indicate the specific court where the complaint or petition is being filed, along with any required filing fees. 7. Signature and certification: Affirm the accuracy of the information provided in the complaint or petition with a signature and certification. In summary, a Delaware Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit — Past Due Rent is a legal document used when a tenant at will in Delaware fails to pay rent and refuses to vacate after receiving a notice to quit. It is essential for landlords to follow the proper legal procedures and provide accurate information when drafting and filing this document.
