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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience:  Over 13 years experience in civil law.
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We have a business renter who is 4 months behind in rent, also

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We have a business renter who is 4 months behind in rent, also has not paid electric bill. We want him out. We have sent a certified letter stating that he needs to vacate the premises. He has a lot of stock in his building (tires) and we have been told we can't move them. We have another renter waiting to use this space, and would like to get the present renter to leave. Any suggestions ?? We are in Delaware.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

The first thing to do is read the default and eviction sections of your lease agreement with the tenant and follow those procedures for notice.

 

http://attorneygeneral.delaware.gov/consumers/protection/brochure/landten.pdf

 

After that you will need to file for a formal eviction with the court system if the tenant does not vacate per your notice to vacate. The rules governing the eviction process are found at the link above.

 

Look at Section 5117....and 5502..and chapters 57:

 

5502 tells you that you have to give at least 5 day eviction notice and it also tell you what needs to be included in the notice for the notice to be valid.

 

Chapter 57 tell you the steps to file for a summary eviction proceeding..see 5704 to 5708..and the other sections around it...

 

Once you file the suit the court will require the tenant to appear and answer. If he does not, the court will grant you an eviction order by default. If he does appear and has not valid defenses, the court will grant you an eviction order after the hearing.

 

http://www.asaplegalforms.com/Eviction_and_Other_Court_Forms_Delaware.php

 

 

 

If you have any follow up questions, let me know.

 

 

 

 

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Customer: replied 3 years ago.
I already knew what was answered
Expert:  Maverick replied 3 years ago.
What specifically were you looking for?
Expert:  Maverick replied 3 years ago.

What specific information were you looking for? Did you view the link I gave yo for a sample petition to get started on the eviction? There is no way for me to know what you may or may not already have known unless you tell me under the "Already Tried Section"

 

 

Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience: Over 13 years experience in civil law.
Maverick and 11 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

I need to take the time to look into the links you provided. Have not been able to really do that yet. Thanks.

 

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