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Recording: Delaware has just three districts to record quitclaim deedsNew Castle County, Kent County, and Sussex County. Fees: Fees vary by county. Your fees in Kent County start at $36.00 as a document fee, then $10.00 per page and $5.00 for each tax parcel.
A tenant can be evicted in Delaware if they do not uphold their responsibilities under the terms of a written lease/rental agreement. Delaware landlords must provide tenants with a 7-Day Notice to Comply, giving tenants seven days 3 to correct the issue in order to avoid eviction.
It is the most widely used means when we sell our property for monetary consideration. Also known as transfer deed, a sale deed has to be registered at the sub-registrar's office, after which the property gets transferred to the new owner. The person buying the property need not be related to you.
In short, yes. Since a verbal contract is legally binding and creates a legitimate tenancy agreement, the statutory rights of both landlord and tenants as per the Housing Act apply, which includes the right for landlords to repossess their property.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
In Delaware, all conveyances of real property require a completed Realty Transfer Tax Return and Affidavit of Gain and Value (9 Del. C. 9605(d)). This form must be completed by both the grantor and the grantee, and it must be submitted with the deed for recording.
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.
The transfer tax in Delaware is currently 4% of the sales price with the State portion at 2.5% and the county portion at 1.5%. The transfer tax is commonly split evenly between the buyer and the seller so buyer pays 2% and the seller pays 2%.
Tenant Rights to Withhold Rent in DelawareTenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Delaware Tenant Rights to Withhold Rent or "Repair and Deduct".
The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.