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Delaware Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Can tenant withhold all rent when she continue to live in the house? Does it needs to go into secure account w/ court?

She thinks the house is unsafe due to some structural damages.

Charles Snyderman
Charles Snyderman
answered on Aug 7, 2014

No.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: How do I notify my delaware tenants that I want them to leave if there is no lease?
Michael L. Sensor Esq.
Michael L. Sensor Esq.
answered on Aug 4, 2014

If you have no written lease with your tenants, it's deemed to be a month-to-month lease. You must follow the requirements of the Delaware Landlord-Tenant Code to remove them. You can read the Code here:... Read more »

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: leasing unowned property

Is is legal in delaware to rent a home if your spouse owns it and yoyr name is not on the deed and the sopuses name is not on the lease. Going to court just want to have all the ducks i can get.

Charles Snyderman
Charles Snyderman
answered on Jul 24, 2014

If you're listed on the lease as the landlord, it's unlikely that the question of ownership will ever come up at trial.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Do I have the responsibility to pay two months' worth of rent after moving out if my landlord cannot find a new tenant?

My landlady is requiring me to pay for the period between my 60 day notice (effective Aug 1) and the end of my oral month-to-month lease (Sept 1). Is this legal? No lease was signed, and no terms were discussed as to the lease. There was an oral agreement to $600 per month, and I have been given my... Read more »

Charles Snyderman
Charles Snyderman
answered on Jul 19, 2014

Delaware law provides that when a lease is month to month, the landlord or the tenant can terminate the lease by giving the other a minimum of 60 days notice. The 60 days begins to run on the 1st day of the month following the date of the notice. You are responsible for the rent during this 60 day... Read more »

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: If I plan to leave Delaware due to finding a job can I break my month to month lease?
Charles Snyderman
Charles Snyderman
answered on Jul 2, 2014

If the job outside of Delaware is for your current employer, Delaware law allows you to terminate your lease early. If it's a new job for a different employer, you are required to give 60 days notice (the notice will start on the first of the month).

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: when can a guest in your apartment make themselves a tenant.

is it true after 48hrs a guest can claim residence in your residence I heard it was a new law in Delaware it sounds crazy but please inlighten me

Charles Snyderman
Charles Snyderman
answered on Jul 2, 2014

The answer is "no."

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: moved in a home that was unfit for me and my family

May 22 2014 i moved into my townhome the first day there my bathtub started leakin downstairs and me and my kids were bitten to find out the olace has bed bugs we have been to hospitals and doctors and there really nothing that can be done on their end my 2 year old has been bitten very bad and so... Read more »

Charles Snyderman
Charles Snyderman
answered on Jul 2, 2014

Please ask a question.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Can I break my lease without penalty if....?

This is the second month of my one year rental agreement. I have just changed employers and am required to be at a location over 30 miles away from the apartment complex I signed the agreement with.

Can I termination my lease without penalty? The apartment complex follows Title 25 of the... Read more »

Charles Snyderman
Charles Snyderman
answered on Jun 24, 2014

The term "present employer" does not mean your employer at the time you signed the lease. It means your employer at the time you have to move. The idea is that you can't get out of a lease if you decide to take a job with a new employer.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: April 16th I signed a six moth lease agreement for an apartment (house split into two units. About a week latter I

Found out that the house is fore sale and they showed it to perspective buyers. My move in date isn't till June 1st. Can the landlord keep my deposit or hold me to the lease even though I never moved in yet and he never told me it was for sale? When I asked him about it and told him I... Read more »

Charles Snyderman
Charles Snyderman
answered on May 11, 2014

The fact that the house is for sale does not mean you can't move in just like you would if the house were not for sale. If there are 2 rental units, chances are the landlord is looking for a buyer who will continue renting them out. When the house is sold, the lease between you and the... Read more »

2 Answers | Asked in Landlord - Tenant for Delaware on
Q: Am I required to show proof of depositing the tenants security deposit? I provided only bank name and location.

After I provided the bank and location, tenant asked for proof of deposit or they will take legal action. My deposit account is called Security Deposit acct in a fed insured DE bank

Charles Snyderman
Charles Snyderman
answered on Apr 5, 2014

You are not required to show proof that the security deposit was actually deposited. Here's what the statute says:

Each security deposit shall be placed by the landlord in an escrow bank account in a federally-insured banking institution with an office that accepts deposits within the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Resident moved in and cancelled his credit card so that we could not receive the deposit funds.
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

You have not asked a question. Please do so, and I will try to answer it.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: My landlord never provided me with my renewal lease. What can i Do?
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

Under your written lease, what does it say about the end of the term? For example, does it say that the lease automatically renews for another year if neither party terminates it? Does it say that it expires at the end of the term unless it is renewed? More information is needed before your... Read more »

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Tennant did not give proper notification to end lease. Now tennant owe's past rent and wants deposit back
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

The Delaware Landlord Tenant Code provides that one of the uses of a security deposit is to cover unpaid rent. However, there are very strict requirements that must be followed by a landlord before he can apply the security deposit to back rent. It is recommended that you consult with an attorney.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: If there is a problem with a rental unit and needs to be shut down can I early terminate a lease?
Charles Snyderman
Charles Snyderman
answered on May 14, 2013

Delaware's Landlord Tenant Code allows a tenant to terminate a lease before the end of the term, but it depends on the circumstances. Can you explain why the rental unit needs to be shut down?

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: On a commercial lease, How far can Landlord go back, for CPI Rent increases which were not billed annually?

A commercial lease states that rent increases each year based on CPI index. Landlord waited until 2012 to notify the tenant of the rent increases from prior years.

Charles Snyderman
Charles Snyderman
answered on Jun 9, 2014

It really depends on the specific language in the lease. I suggest that you consult with an attorney who has experience in this area of the law.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What is the time limit to fix the heat in a unit?

My heat functions sometimes, however other times it blows out cold air unless I turn it up to 80. This is becoming a daily occurrence now. This is a problem for me medically not to mention what it's going to do to my bill. I am being told that they first have to get it okayed by the... Read more »

Charles Snyderman
Charles Snyderman
answered on Jan 7, 2013

A landlord who fails to provide heat has 48 hours after the tenant provides written notice.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Landlord supposedly deceased. What proof is needed for tenants on who now owns the properties?
Charles Snyderman
Charles Snyderman
answered on Jan 10, 2013

Assuming the property is located in New Castle County, the tenants can go online for the New Castle County Recorder of Deeds Office. Click on parcel search and insert the property address. The names of the owners will come up.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What type of cleaning is required in rental unit.

I own 2 weekly rental units in Dewey Beach & 1 unit was recently reserved. The renters walked in the unit 3 hrs early w/out permission. Renters said the oven looked old & they did not want to use it. I offered my other unit but stated it would be ready in a few hours. They accepted but... Read more »

Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

The answer to your question depends on what the lease says. Look at the lease or contact an attorney to review the lease and advise you.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Can rule 60(b) be used to stop an eviction?

Can rule 60(b) be used to stop homeowner's eviction?

Charles Snyderman
Charles Snyderman
answered on Feb 1, 2013

If the requirements of Rule 60b) are met, the answer is yes, depending on how promptly the motion is filed.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What would be a good cause for a continuance in a Landlord/Tenant Issue
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

There are many reasons why a judge grants a request for a continuance. If you need to request one, explain the reason in a letter to the Court. Valid reasons for a continuance could include illness and a scheduling conflict.

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