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  1. #1
    Join Date
    May 2008
    Posts
    2

    Question Evicting A Tenant Renting A Room In Our Home, Before The Rental Agreement Start Date

    My question involves an eviction in the state of: Delaware
    We've had someone live with us since about September, not under a written agreement. He had been paying rent late for the last few months so we decided it would be best if we got things in writting. It would be a weekly agreement, starting over each week. This wouldn't start intil June 1st. In this agreement it stated that there would be no illegal activity or trade on the premises. And just the other day I caught him buying or selling drugs on the side of the house. I have no proof, didn't call the cops, and made the mistake of saying something about it and know that he won't do it again to catch him in the act again. Can I just evict him without reason at this point? I know I have to give him notice....but how much notice? 30 days? Or can I just give him 7 because its a weekly agreement?
    Someone please help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Evicting A Tenant Renting A Room In Our Home, Before The Rental Agreement Start D

    The governing statutes are here, and the Attorney General's office provides a summary here (PDF). Among the laws of interest,
    Quote Quoting 25 Delaware Code, Sec. 5512. Rules and regulations relating to certain buildings; landlord remedies.
    Any provision of the Landlord-Tenant Code to the contrary notwithstanding, all rental agreements for the rental of single rooms in certain buildings may be terminated immediately upon notice to the tenant for a tenant's material violation of a regulation which has been given to a tenant at the time of contract or lease, and the landlord shall be entitled to bring a proceeding for possession where:
    (1) The building is the primary residence of the landlord; and

    (2) No more than 3 rooms in the building are rented to tenants; and

    (3) No more than 3 tenants occupy such building.
    Otherwise,
    Quote Quoting 25 Delaware Code § 5106. Rental agreement; term and termination of rental agreement.
    (a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.

    (b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term.

    (c) The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days' written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.

    (d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days' written notice, which 60-day period shall begin on the 1st day of the month following the day of actual notice.

    (e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Evicting A Tenant Renting A Room In Our Home, Before The Rental Agreement Start D

    So 60 days even if it's a week to week agreement?
    It wasn't a month to month agreement, nor a year lease.
    So pretty much I'm stuck intil he does eventually mess up and bring illegal substances in the house or pays late?

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