Property Management
What is 'eviction' and what is the process in Delaware?
AA tenant voluntarily vacating the property; no legal process required
BThe legal process by which a landlord removes a tenant for breach of the lease or non-payment of rent — requiring proper notice, filing in the Court of Common Pleas, obtaining a judgment, and execution by the sheriff✓ Correct
CThe landlord changing locks when rent is overdue
DA process handled entirely by the Delaware Real Estate Commission
Explanation
Eviction (summary possession) in Delaware requires: (1) proper written notice (e.g., 5-day notice for non-payment), (2) filing a complaint in the Court of Common Pleas (justice of the peace court), (3) a hearing, (4) a judgment for possession, and (5) a writ of possession executed by the constable or sheriff. Self-help eviction (changing locks) is illegal.
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