How can a landlord collect on unpaid rent?
In Delaware, a landlord’s primary option when attempting to collect unpaid rent is to initiate the legal eviction process. After a tenant is legally evicted, the landlord can take the tenant to court to seek a monetary judgement for the past due rent. The judgement can then be used to garnish the tenant’s wages, bank accounts, or other assets. In some cases, a landlord may also be able to recover legal fees such as court costs or attorney’s fees. Before pursuing legal action, a landlord should first try to exercise patience while seeking payment from tenants. It is important to remember that a tenant may be struggling financially and unwilling or unable to pay as a result. With that in mind, the landlord should make a good faith effort to work out a payment plan with the tenant that allows for a reasonable amount of time to repay the debt. If this attempt at negotiation fails, the landlord will have to provide the tenant with due process in order to evict them legally. In Delaware, this process includes providing the tenant with a written notice to vacate and filing a copy of the complaint in the court system. After all the legal steps have been taken and the tenant has been properly served and evicted, the landlord may then pursue a judgement.
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