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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I need help with an eviction in state of Delaware, Kent

Customer Question

I need help with an eviction in state of Delaware, Kent county, city of Harrington. The tenant has no written lease just verbal agreement. The tenant let other family members move in with out permission. The tenant was told that the rent would increase as he was only renting a room and now has taken possession of a extra bedroom. in addition the landlord has paid all utilities for 3 months which the tenant has not paid anything towards utilities. The tenant has given the neighbors right away across my property so the neigbors could hide cars with dead tags. In addition the water sewer bill has increased at the property 10 times the normal useage. What can I do now?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 6 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, what if anything has the landlord done to date? As far as utilities, was there anything in writing where the tenant agreed to pay in part or in full for those utilities to the landlord? Please advise.

Customer: replied 6 months ago.
no all verbal agreements
Customer: replied 6 months ago.
Need to clarify it was a month to month agreement.
Expert:  Dimitry Esquire replied 6 months ago.

Hi, that makes it a bit harder to pursue but I will provide you with your options below.

Customer: replied 6 months ago.
ok
Customer: replied 6 months ago.
I just want them to leave asap.
Customer: replied 6 months ago.
The son he moved in is a registered sex offender and I was not informed.
Customer: replied 6 months ago.
What are the options?
Expert:  Dimitry Esquire replied 6 months ago.

1. Because this is a month to month agreement, ultimately the landlord has the right to increase rents, change the terms, or even seek a termination of lease. So long as enough notice is given, and I would also suggest that the terms be in writing, then the landlord can go ahead and pursue any of those options. For example the landlord may choose to double the rent starting next rent period and if the tenant fails to agree then seek removal via eviction.

2. Because nothing is in writing it falls upon the landlord to prove terms. Since the utilities are not discussed, even if more of them are used up, unless it can be shown that the tenant agreed to pay, then losses are on the landlord.

3. Now, if you simply want them to leave then you must give them notice to quit. If they are failing to pay rent, and you live in a regular property, giving them 5 days is sufficient. If they are timely with rents you must give 60 days in writing as Delaware requires a long period of time where the tenant is not shown to be at fault. Because you are arguing that the breach took place based on unauthorized people on premises, then that is a 7 day notice rather than 60 days. You can use these forms below as templates to get started:

https://www.landlordguidance.com/eviction-notice-forms/delaware-eviction/

Sincerely,

Dimitry, Esq.

PS. My apologies on the short delay, it took a bit to write this up.