Sussex County Landlord-Tenant Lawyers

Sussex County landlords are aware that renting a property entails specific legal responsibilities. But what if your tenant damages your property, doesn’t pay rent, or violates a rental agreement? Contact a Sussex County landlord-tenant attorney at Abram, Gulab & Hutchison.

Sussex County landlords should identify any necessary repairs or other issues before a tenant signs a rental agreement. Take photos of the premises and ensure that your rental agreement clearly specifies who is responsible for specific repairs and maintenance.

Leases should address security deposits, subleasing, length of tenancy, rent amounts and due dates, and termination of the lease. Residential leases should address the presence of children and pets. Other provisions may be required for a commercial lease agreement.

What Are a Delaware Landlord’s Rights?

Written leases provide landlords and tenants with clarity and protection. Rental agreements for terms longer than one year must be in writing to be valid under Delaware law. Oral agreements for shorter periods are generally valid, but a written lease gives you stronger legal protection.

Delaware landlords are required to provide tenants with a summary of the Delaware Landlord-Tenant Code. The code outlines specific rights, duties, and remedies to ensure fair treatment (of both tenants and landlords) and acceptable living conditions.

A Delaware landlord’s rights under the Delaware Landlord-Tenant Code include the right to:

1. Receive full rent payments on time.
2. Enter the premises for repairs or inspections after providing proper notice.
3. Make reasonable deductions from security deposits for damages.
4. Take appropriate legal action, which may include eviction, if a tenant violates the lease.

Understanding the Eviction Process

Evictions are not easy in Sussex County, but you can’t shut off the utilities or change the locks. Having the advice and services of a Sussex County landlord-tenant lawyer as early as possible will help you avoid mistakes during the eviction process.

Never take matters into your own hands before consulting a Sussex County landlord-tenant attorney at Abram, Gulab & Hutchison. If you anticipate an eviction or another legal dispute with a tenant, call us promptly at 302-405-7010 to schedule a consultation.

What Does Delaware Law Provide?

The process for a residential eviction is legally referred to as a “summary possession” action. Here’s how the process works. First, a landlord must give the tenant a written notice to vacate the premises.

If the notice period passes and the tenant hasn’t vacated the premises, the landlord may submit a “Complaint for Summary Possession” with the Sussex County Justice of the Peace Court. Mediation may be required before proceeding with any legal action.

If mediation fails, both parties appear before a judge. A landlord should bring a copy of the eviction notice, a signed copy of the lease, and proof that the notice was served. If the court finds in the landlord’s favor, the court issues a “Judgment for Possession.”

What Else Should Landlords Know?

If a tenant leaves possessions, Delaware requires the landlord to hold them for a period of one week. You cannot hold a tenant’s possessions “hostage” for unpaid rent, but you may charge for storage costs.

A Sussex County landlord-tenant lawyer at Abram, Gulab & Hutchison can address your legal concerns, represent you at civil hearings, and advise you regarding the eviction process. If you are a landlord in Sussex County, call us at 302-405-7010 to schedule your free consultation.