WHAT YOU SHOULD KNOW

If you rent a mobile home, a mobile home with a lot in a mobile home park, or if you just rent a lot in a mobile home park and you own the trailer, there are some important facts that you need to know about eviction.

The Delaware Mobile Homes Lots and Leases Act lists all of the laws and rules that tenants and landlords must follow.  It also describes how and when a landlord may evict a tenant.

If you do not already have a copy of the Delaware Mobile Homes Lots and Leases Act, get a copy and and read it from front to back.

A landlord can legally evict a tenant for several reasons:

• Failure to pay rent.
• Violating an important part of the lease. 
• Violating an important part of the Delaware Mobile Homes Lots and Leases Act.
• Violating an important part of the mobile home park rules and regulations. 
• Conviction of a Class "A" Misdemeanor or Felony.
• Holding-over (staying after the lease ends without permission).

There are some reasons for which a landlord can NEVER evict a tenant:

• The tenant files a complaint about problems with the rental unit. 
• The tenant requests that the landlord honor his obligations under the lease. 
• The tenant sues the landlord for violating the lease or the law. 
• Race, religion, sex, marital status, national origin, disability, age, or occupation. 
• The tenant has children.

FAILURE TO PAY RENT

If you do not pay the amount of rent that is due every month, the landlord can go to court to evict you.  To do so, after the rent is five (5) days late, the landlord must send you a letter stating that unless all the rent due is paid, the landlord will terminate the lease and take you to court.  The letter must set a deadline giving you at least five (5) days to pay.  This letter is often called a "Five Day Letter."

If you do not pay in full or move out by the deadline, the landlord can go to the Justice of the Peace Court and file a complaint asking for the rent money and to have you evicted.  Remember that the amount of money you owe could include late fees and back rent from previous months.  The law allows the landlord to ask you to pay all of it or you can be taken to court.

VIOLATING AN IMPORTANT PART OF LEASE, RULES OR THE LOTS AND LEASES ACT

Most leases include rules and promises by the tenant. Some examples are: a promise not to make noise that disturbs the neighbors, or a promise not to run a business out of the mobile home without the landlord's permission.  The Mobile Homes Lots and Leases Act also includes rules that are made a part of all leases automatically, even if the lease is not written down.  Some of these are: a promise to keep property clean and safe, and a promise not to damage or destroy any part of the property.

If you break one of these rules or promises, the landlord can go to court to have you evicted.  To do so the landlord must first give you a letter that does the following:

• explain specifically what rule you have broken, what you are doing wrong, when you broke the rule;
• give you at least ten (10) days to correct the problem;
• tell you that if the problem is not corrected by the deadline (10 days), the landlord may terminate the lease and go to court to have you evicted.

CONVICTION OF A CLASS "A" MISDEMEANOR OR FELONY

If you (or a family member living on the premises) are convicted of a class "A" misdemeanor or a felony while living in the mobile home and the conduct that led to the conviction caused or threatened to cause irreparable (unfixable) harm to any person or property, the landlord can immediately terminate the lease and go to court for an eviction.  In this situation, the landlord does not need to warn you with a letter.

HOLDING-OVER

For people that rent month to month, with no set ending date for when you must leave, the landlord can end the lease by giving you 60 days written notice.  If you have a lease with an ending date, the landlord must tell you 60 days before the lease ends, in writing, that he will not be renewing the lease.  Otherwise, after the ending date, it continues month to month, unless it is a lot only rental.  Lot only rentals automatically renew for the same length as the previous lease.

If the landlord has notified you that the lease will not be renewed, then you must move out by the last day of the lease.

If you do not move out, then you are "holding-over" and the landlord can go to court and seek to have you evicted.  The landlord does not need to give any additional warnings or notices.  The notice that the lease will not be renewed is enough.  If you lose in court, the law says that you can be ordered to pay double your daily rent as a penalty until you move out.

If the landlord is going to change the park from a mobile home park to something else, the landlord must give the tenant written notice at least 180 days before the actual termination of the rental agreement.

WHEN YOUR LANDLORD TAKES YOU TO COURT

If your landlord has gone to court to evict you, the court will notify you and tell you when and where to go to court.  You will be notified in one of the following ways:

• By registered mail, return receipt requested 
• By certified mail, return receipt requested.

If you get a card from the Post Office telling you to pick up some certified mail, GET IT!  If you do not, the court will evict you anyway and you will not get a chance to defend yourself.  

By Constable 

• The notice can be delivered personally to the tenant at the trailer, or 
• The notice can be delivered personally to an adult residing at the trailer. 
• A Constable will try to deliver the notice to you in person. If you are not home, he will tape it to your door.

Normally, the court date will be 2 to 4 weeks after the date your landlord files his case.  (It can be more or less.) The date depends on how busy the court is.

On the court date, be sure to go to court early.  There will be a trial in front of a judge.  Both you and the landlord will have a chance to tell your side of the story.  If you do not go to court, your landlord will win.  If you are late, the court will go ahead without you, so get there early.

IF YOU LOSE IN COURT

If you lose in court and your landlord has asked for "possession" of your mobile home, the court will order you to move out.  You will have 10 days to appeal.  If you do not appeal and ask for a "stay of execution on the judgment," the court will issue a 24 hour eviction notice to the Constable who will post it on your door about two weeks after the court date.

This notice means the Constable will be back in a minimum of 24 hours.  If you are still there, he will make you leave.  The constables only work during daylight hours, Monday through Friday.   So, if the 24 hour notice is posted on Friday, you will have at least until Monday morning.

If you do not have all of your belongings out of the house by the time the Constable comes back, you will have to leave them behind.

The landlord can remove your belongings and store them or leave them where they are for 7 days.  The landlord may charge you for storing your property.

If, at the end of 7 days, you have not claimed your property, the landlord can do whatever he wants with your property including keep it, sell it, or leave it on the street.  He cannot hold your property hostage until you pay the rent but he can ask for his storage costs.

If the landlord has asked for "possession" of a lot rented for a mobile home, the tenant may pre-pay a storage fee in the amount equivalent to 7 days rent.  The amount must be paid on or before the date the eviction notice is to be posted.  If the amount is pre-paid then the court may extend the notice period for removal of the home for 7 days.  The tenant however, cannot live in the home during the 7 days.

If after the notice period has ended, you do not remove the mobile home, the landlord may remove the mobile home from the lot.  The mobile home must be stored for up to 30 days at the tenants expense.  The tenant cannot remove the mobile home from the storage location until the landlord has been paid:

• the amount of the judgment and 
• reasonable cost of removal and storage of the mobile home

If at the end of the 30 days you have not claimed your property and reimbursed the landlord for the cost of removal and storage, the landlord can do whatever he wants with your property including keep it, sell it, or leave it on the street.  He cannot hold your personal items hostage until you pay the rent but he can ask for his storage costs.

MAKING A DEAL

If you want to make a deal or payment arrangement with your landlord, try to get it in writing and be sure you understand exactly how much you must pay and when.  A court judgment for back rent will usually include interest and court costs, so you may owe more money than you expect.

Unfortunately, your landlord is not required to make a deal with you or accept a payment plan.  He might want all of his money immediately.

So, if you think you might lose in court, or if you don't have enough money to pay your landlord, start looking for a new place to stay immediately.  Do not let yourself and your family be left without a home.