Delaware Sample Letter for Complaint for Claim and Delivery — Possession of Mobile Home: [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip] Re: Complaint for Claim and Delivery — Possession of Mobile Home Dear [Defendant's Name], I am writing this letter to officially inform you that I am filing a Complaint for Claim and Delivery regarding the possession of a mobile home [provide detailed description of the mobile home, such as make, model, size, and any distinguishing features]. According to my understanding, you currently have possession of the aforementioned mobile home, which is legally owned by me [provide proof of ownership, such as purchase documents, title, or lease agreement]. It has come to my attention that you have failed to return the mobile home despite multiple requests for its return. As a result, I am left with no other choice but to take legal action to reclaim rightful possession of the mobile home. I have consulted with legal counsel, and they have advised me to proceed with the Complaint for Claim and Delivery against you. I kindly request that you return the mobile home within [reasonable timeframe] to avoid any further legal action. This will save both parties unnecessary expenses and time involved in pursuing this matter further in court. In the event that you fail to comply with this request, I will be left with no choice but to initiate legal proceedings to reclaim the mobile home and seek any damages incurred as a result of your non-compliance. I am prepared to pursue this matter vigorously to protect my rights as the rightful owner. Please take this matter seriously, and respond to this letter within [reasonable timeframe] to confirm your intention regarding the return of the mobile home. If I do not receive a response from you within the specified timeframe, I will proceed with filing the relevant legal documents without further notice. I hope we can reach an amicable resolution to this matter outside the court system. However, I am fully prepared to pursue legal action if necessary. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
Delaware Sample Letter for Complaint for Claim and Delivery - Possession of Mobile Home
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FAQ
Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.
§ 5513. Landlord remedies relating to breach of rules and covenants. (a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach.
Small Claims Lawsuits in Delaware Tenants can sue landlords in Justice of the Peace Court for the return of their deposit, up to a dollar amount of $15,000. See Filing a Security Deposit Lawsuit in Delaware Justice of the Peace Court for advice for tenants filing suit.
To file an eviction in court, landlords must first give tenants a written notice that explains how long the tenant has before they need to move out and if they can cure the issue. If you break the law or commit irreparable harm, the landlord can file an eviction lawsuit immediately.
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.
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.
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.
Evictions typically stay on your public record for up to seven years, but they usually won't show up on your credit reports or directly affect your credit.
