Delaware Landlord - Tenant Questions & Answers

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

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
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.

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017
Ben F Meek III's answer
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 show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...

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

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jan 22, 2017
Brian Lehman's answer
"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...."

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

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Answered on Oct 7, 2016
Peter Munsing's answer
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.

Q: How do I notify my delaware tenants that I want them to leave if there is no lease?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Aug 4, 2014
Michael L. Sensor Esq.'s answer
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:

http://legis.delaware.gov/Legislature.nsf/1688f230b96d580f85256ae20071717e/1f058f9cecf0e1bd85256f7000607756/$FILE/lanten.pdf

Q: leasing unowned property

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jul 24, 2014
Charles Snyderman's answer
If you're listed on the lease as the landlord, it's unlikely that the question of ownership will ever come up at trial.

Q: Do I have the responsibility to pay two months' worth of rent after moving out if my landlord cannot find a new tenant?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jul 19, 2014
Charles Snyderman's answer
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 period.

Q: moved in a home that was unfit for me and my family

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jul 2, 2014
Charles Snyderman's answer
Please ask a question.

Q: when can a guest in your apartment make themselves a tenant.

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jul 2, 2014
Charles Snyderman's answer
The answer is "no."

Q: If I plan to leave Delaware due to finding a job can I break my month to month lease?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jul 2, 2014
Charles Snyderman's answer
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).

Q: Can I break my lease without penalty if....?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jun 24, 2014
Charles Snyderman's answer
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.

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

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jun 21, 2014
Charles Snyderman's answer
It depends on what the problem is. Can you provide more details?

Q: On a commercial lease, How far can Landlord go back, for CPI Rent increases which were not billed annually?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jun 9, 2014
Charles Snyderman's answer
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.

Q: April 16th I signed a six moth lease agreement for an apartment (house split into two units. About a week latter I

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on May 11, 2014
Charles Snyderman's answer
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 will be assigned to the new owner. Please explain why you don't want the apartment?

Q: Am I required to show proof of depositing the tenants security deposit? I provided only bank name and location.

2 Answers | Asked in Landlord - Tenant for Delaware on
Answered on Apr 5, 2014
Charles Snyderman's answer
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. Such account shall be designated as a security deposits account and shall not be used in the operation of any business by the landlord. The landlord shall disclose to the tenant the location of the...

Q: My landlord never provided me with my renewal lease. What can i Do?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Mar 14, 2014
Charles Snyderman's answer
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 question can be answered. I suggest you contact an attorney and provide him with a copy of your lease.

Q: Resident moved in and cancelled his credit card so that we could not receive the deposit funds.

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Mar 14, 2014
Charles Snyderman's answer
You have not asked a question. Please do so, and I will try to answer it.

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