A Beginner's Guide to Delaware Eviction Laws

Landlord Protection A Beginner's Guide to Delaware Eviction Laws

How to Evict a Roommate in Delaware With DoNotPay

Sharing a rental room is cost-effective and a great way to network and form bonds with people. But if it's not working, you might be looking at  to figure out how to end the stay with your roommate. A lawyer can be helpful to this end, and DoNotPay lends itself as your best resource to help you evict a roommate.

DoNotPay is a reliable and fast way to successfully address issues with your roommate. The legal app can help you  as well as:

Delaware Eviction Laws 

If you wish to evict a roommate in Delaware, you should file an eviction lawsuit. Here are the basic rules and procedures to follow when evicting a tenant in Delaware:

  1. Termination Notice with Cause

You should provide the roommate with a termination notice. The legal cause should state the reasons for the lawsuit. Usually, a roommate who is being evicted in Delaware will receive one of the following written notices:

  • Five-day notice to clear the rent
  • Seven-day notice to remedy a lease agreement violation
  • Seven-day unconditional notice to quit
  1. Termination Notice without a Cause

In a case where you wish to evict a tenant but lack a legal cause, Delaware eviction laws require you to wait until the expiration of the rental or lease agreement. However, there are instances where you can still issue a written notice to the tenant to move.

  1. Tenant Defenses to Eviction

Tenants in Delaware have the freedom to fight an eviction even in situations where there is a valid legal cause. For instance, if you choose to evict a tenant in retaliation or discrimination, the tenant can file a defense.

  1. Tenant Removal

It is illegal to evict a tenant from a rental unit without a court order in Delaware. For legal evictions, one should file and win an eviction lawsuit, after which a sheriff is assigned the duty of ensuring that the tenant leaves the unit by the set deadline.

Reasons to Evict a Roommate

You can evict a roommate in Delaware for the following reasons:

  • Not paying rent
  • Lease violations
  • Property destruction
  • Interfering with the safety of other tenants
  • Engaging in criminal activities in the rented unit

Do You Have the Legal Power to Evict Your Roommate in Delaware?

Different situations are categorized within the "roommate" umbrella. Usually, whether you have the legal power to evict a roommate depends on your lease situation.

You can evict a roommate if:

  • You are the one on the lease.
  • You have a sublease agreement with the roommate.
  • You don't have a written lease, but they pay rent to you.

What Does the Eviction Process Look Like In Delaware?

The following are the steps that you should follow when evicting a roommate in Delaware:

  • Notice to vacate or correct the lease violation is posted.
  • If the issue is not addressed and the tenant remains, the next stage is to file and serve a complaint.
  • Eviction case hearing and judgment is issued
  • If the tenant does not move after the judgment, a separate writ of possession is issued

What to Do if a Roommate Refuses to Leave?

The eviction process involves giving the roommate a notice. However, if the roommate doesn't leave after the notice, you should go back to the court for a writ of possession. This order allows you to evict the roommate from the rental unit forcibly.

Delaware Landlord-Tenant Laws

Understanding the basic rental laws in Delaware can help you address rental problems quickly and easily.

Here's an overview of the state's laws on tenancy:

Law on TenancyDetails
Full Disclosures The law in Delaware requires property owners or managers to provide full disclosure to the tenant when signing the lease agreement. For instance, the tenant should know any lead paints in the rental unit.
Security DepositIn Delaware, property owners are limited on the amount to charge to a security deposit. However, the law does not offer any limit on a security deposit for month-to-month tenancies. The security deposit should be given back 20 days after a tenant vacates.
Withholding Rent in DelawareIn Delaware, the tenants have the freedom to withhold rent payment. The "repair and deduct" clause allows tenants to use their rent amount in critical issues in the house whenever certain issues such as repairs are not addressed.
Termination and EvictionThe Delaware state laws provide clear guidance on the eviction and tenancy termination process. Before evicting a tenant, one should issue an eviction notice and file a case in court.
Delaware Small Claims LawsuitsThe law allows tenants to sue any property owners or managers who don't return a security deposit of up to 15,000 USD.

Evict a Roommate With the Help of DoNotPay

DoNotPay is here to guide you through and file your disputes on your behalf. Our Landlord Protection product can help you:

  1. Get back your security deposits.
  2. Learn about your state's eviction laws and what protections apply in your case.
  3. Resolve disputes regarding repairs.
  4. Resolve conflicts with roommates by filing demand letters or going through small claims court.
  5. Break your lease early.

How to Evict a Roommate in Delaware Using DoNotPay:

If you want to evict a roommate in Delaware but don't know where to start, DoNotPay has you covered in 4 easy steps:

  1. Search for and open the Landlord Protection product on DoNotPay.


  2. Select which issue applies to you.


  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.


  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

Why Use DoNotPay for Delaware Eviction Law Help

DoNotPay is a fast, reliable, and less involving way to help you evict a roommate easily. DoNotPay is:

  • Fast— you will get your issue addressed within a short time
  • Easy—there are no multiple forms to fill or numerous steps to follow
  • Successful—getting back your tenancy is guaranteed

DoNotPay Works Across All Companies/Entities/Groups With the Click of a Button

DoNotPay can help you address various issues affecting your tenancy and not just fight an eviction. For instance, DoNotPay can help you:

What Else Can DoNotPay Do?

Stopping a wrongful eviction is just one of many things DoNotPay can help you with. We can help you address diverse problems like:

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