Common Mistakes Made by Landlords in Delaware

1

Using documents found on the internet

Rental Agreements, notices, and other generic legal forms found on the internet regularly fail to comply with the mandatory provisions of the Delaware Landlord-Tenant Code. Delaware statutes impose specific requirements regarding notice periods, security deposits, late fee limitations, and prohibited lease clauses. Using a non-compliant lease can render key clauses legally void or unenforceable.

Attorney Tip: Always have your core rental agreements and standard addenda reviewed by experienced Delaware counsel before executing leases with new tenants.

2

Poor Tenant Screening

Failing to rigorously verify rental applications and neglecting to check Delaware Court Connect. Many landlords rely on informal promises or incomplete credit reports without searching Delaware's public court docket for prior eviction lawsuits, outstanding judgments, or summary possession proceedings.

Attorney Tip: Perform comprehensive applicant background checks and search Delaware Court Connect for past litigation in the Justice of the Peace Court before signing.

3

Keeping electrical utilities in the Landlord’s name

If a non-paying tenant runs up an electric bill and power is disconnected because the landlord stops paying, Delaware courts treat this as an illegal constructive self-help eviction. The tenant may file an emergency lawsuit against the landlord for unlawful exclusion and statutory damages.

Attorney Tip: Require tenants in writing to transfer all electric and municipal utility accounts directly into their own name prior to handing over possession and keys.

4

Failure to regularly inspect and maintain the premises

Landlords who fail to regularly inspect and maintain their properties imply lack of oversight and poor management—an invitation for tenant problems. Neglected maintenance also provides nonpaying tenants with convenient defenses in court regarding alleged breaches of habitability.

Attorney Tip: Schedule periodic walkthrough inspections with proper statutory notice and maintain written repair logs and dated photographic evidence.

5

Failure to promptly send a "5-day" letter when rent is late

Landlords must be realistic about whether their tenant will ever be able to catch up on unpaid rent. Your response to late payment must be timely and consistent. Waiting weeks or months while accepting partial payments compounds the debt to an unpayable sum and postpones your legal remedy.

Attorney Tip: Issue your formal 5-day demand notice immediately after the contractual grace period expires. Consistency protects your rights.

6

Defective "5-day" letters

The eviction process starts with a written demand for payment of late rent. Failure to comply with strict technical requirements set forth in the Landlord-Tenant Code—such as statutory notice language, precise itemization of base rent versus late fees, or proper certified mailing protocols—results in automatic case dismissal, delaying eviction for months.

Attorney Tip: Ensure your 5-day letters are drafted and served strictly according to Delaware statutory guidelines with verifiable proof of service.

7

Defective Complaint for Summary Possession

The lawsuit for eviction begins with a Complaint filed in the Justice of the Peace Court. Failure to state specific information required by the Landlord Tenant Code—or omitting required attachments such as the lease and 5-day notice—will result in dismissal of the case, requiring you to re-file and re-serve the entire lawsuit.

Attorney Tip: Have an experienced Delaware landlord attorney prepare and file your Summary Possession pleadings to avoid costly dismissals.

8

Failure to properly handle the tenant’s security deposit

Failure to timely return the tenant’s security deposit (or provide notice regarding amounts deducted from the security deposit within the statutory 20-day timeline under Delaware Code) exposes the landlord to double-damage penalties and liability for the tenant's legal fees.

Attorney Tip: Maintain security deposits in an escrow account, conduct a move-out walkthrough, and provide written itemized deduction notices within 20 days.

9

Failure to "satisfy" judgments

After collecting the balance owed on a Judgment, the Landlord has a statutory legal duty to notify the Court that the Judgment is Satisfied. There is a penalty for neglecting to do so under Delaware law, and former tenants can seek court sanctions for delayed filings.

Attorney Tip: File your Certificate of Satisfaction with the Justice of the Peace Court immediately upon receiving judgment payments.

10

Failure to consult an experienced attorney!

If you have a tenant problem, call or email today! Navigating the Delaware Justice of the Peace Court alone against an adversarial tenant or their attorney can result in lost rental income, prolonged vacancies, and procedural headaches. Put over 40 years of legal experience and 30+ years of trial knowledge on your side.

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