The time it takes to get a tenant out of a unit depends on exactly what you’re evicting them for. If it’s for rent, you’re required to give them five days notice. After the five days is up, you have to file a complaint with the Justice of the Peace court. The Justice of the Peace court will schedule a trial, which is approximately a month away, and they will determine whether or not you can have possession of the property and get the tenant out.
If the tenant still refuses to move, you must file some documents with the court asking the Sheriff to evict the tenant. The time it takes the Sheriff to evict the tenant depends on how busy the Sheriff’s office is at the time. The Sheriff’s office will post a notice on the door indicating the tenant has 24 hours to get out of the house and the next day they will come and actually escort the tenant out of the property. It is important if they escort the tenant out of the property, you file the code with respect to any property that was left in the unit by the tenant. You cannot just throw it away. If you have any questions about the landlord/tenant eviction process and how long it takes, please contact your local landlord/tenant attorney.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys, versed in the legalities between tenant and landlord, throughout the state of Delaware. Please contact the office for a free initial consultation and get any questions answered.