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Delaware Landlord - Tenant Questions & Answers

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Delaware on

Q: We haven’t had water continuosely for a period of 5 months. They wont fix. What are my legal remedies.

Well water, pump in landlords basement. Some days water is off for 13 hours, it’s now a daily occurrence. I’ve mailed landlord a registered letter. Rent paid on time for 12 years. Do I put rent in escrow account? A friend of mine would have fixed it for them, they refused. They are now angry... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

This is not (yet) a legal issue. This sounds like a problem best looked into by your county health department.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on

Q: I have a bad mold issue. I have had it professionally tested and the results came back horrible. What is my next step?

The results for stratysbotrys and other toxic molds have came back in high numbers. I had swab samples and air testing both done. I have contacted the county, health department, fire marshal, attorney general and not one of them can seem to help me. My landlord is not cooperating with me at all... Read more »

Camille Brooks Ibrahim answered on Jul 5, 2018

You can sue the landlord considering you were under his premises while the mold accumulated! That is a premises liability suit depending on the time frame the mold was formed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on

Q: If the judge gave me 30 days to move and I can't what will happen

Ben F Meek III answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and... Read more »

1 Answer | Asked in Landlord - Tenant for Delaware on

Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

I'm in Delaware.

Brian Lehman answered on Jan 22, 2017

"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on

Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

This incident caused me to be home on short term disability. Immediately the landlord sent someone to do the porch, however he tore down the porch then died from a heroin overdose in July. To this date the insulation is exposed. I have not been able to pay my monthly rent due to only getting 60% of... Read more »

Peter N. Munsing answered on Oct 7, 2016

Get at least a consultation. Your case is tough because you lived there--didn't like it could've moved. Contact a member of the Delaware Trial Lawyers Assn--they give free consultations.

1 Answer | Asked in Landlord - Tenant for Delaware on

Q: we moved out of rental property and left wood behind that we purchased told the owner we would be back later in month to

remove, owner asked if he could have 1/2 cord which gave at no cost . when we went back to get wood asked permission from new tenants which they gave now landlord is stating we trespassed and that he gets the wood Is this right?

Charles Snyderman answered on Aug 22, 2014

He is wrong.

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 answered on Aug 7, 2014


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. 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 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 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: 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 answered on Jul 2, 2014

Please ask a question.

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 answered on Jul 2, 2014

The answer is "no."

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 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: 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 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: I have been renting my house for 15 months. My landlord refuses to fix problem properly. What do I do

Charles Snyderman answered on Jun 21, 2014

It depends on what the problem is. Can you provide more details?

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 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: 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 didn't want... Read more »

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 landlord... 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 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 State....
Read more »

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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 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 »

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