Delaware Mobile Home Park Eviction Process: A Step-by-Step Guide

Delaware only lets you evict for due cause

Delaware is one of the most tenant-protective manufactured-home states in the country, and the rules that bind you as an operator live in the Manufactured Home Owners and Community Owners Act, 25 Del. C. Chapter 70. The single most important thing to understand: you cannot end a lot tenancy without due cause. There is no no-cause, end-of-term eviction here. If you simply do not want a resident anymore, that is not a lawful ground.

Your lawful grounds fall into two buckets. The first is noncompliance under 25 Del. C. §7016 — nonpayment of rent, breaking a community rule, letting the lot fall into disrepair, disruptive conduct, conduct causing irreparable harm, or a disqualifying criminal conviction. The second is a genuine change in the use of the land under §§7023-7024 (closing or converting the community), which triggers a completely different, much longer process described below. Any termination notice you send must spell out the reason in enough detail that the dates, places, and circumstances are clear — a vague notice will not survive in court.

Because the resident owns the home sitting on your lot, the statute is built around giving them a real chance to cure, to sell, or to relocate rather than lose their investment. Treat every notice as a document a Justice of the Peace judge will read closely.

Nonpayment of rent: the 5-day trigger and the 7-day demand

For nonpayment, §7016 sets a specific sequence. Rent is not officially late until it has not been received by the fifth day after the due date, or the end of any longer grace period written into the lease, whichever is longer. Only after that fifth day may you act.

At that point you must send a WRITTEN demand for payment that states the tenant has 7 days from the date of mailing or personal service to pay in full, and that the rental agreement will terminate if they do not. That 7-day clock runs from when you mail or hand-deliver the notice. If the resident is still in default after the 7 days, you may terminate and file for summary possession.

Two Delaware wrinkles to plan around: a resident sued for nonpayment can raise related defenses and counterclaims in the same case, and where a resident has died, the estate can defend nonpayment for up to 90 days while the estate is administered. Keep clean ledgers and dated copies of every notice, because the burden of showing proper notice is on you.

Other violations, cure periods, and non-renewal

For problems other than rent, §7016 uses cure-based notices, and the number of days depends on the problem. If the issue is the condition of the lot or premises, you must give the resident 12 days from the date of mailing or personal service to remedy it. For a rule or conduct violation, you send written notice to stop the conduct immediately — and if the same conduct recurs within 6 months, that repeat gives you grounds to terminate. Conduct that causes irreparable harm, or a disqualifying criminal conviction, can support immediate termination.

There is also a repeat-nonpayment ground: if a tenant fails to pay by the fifth day on 4 separate occasions within 12 consecutive payment periods, that pattern is itself due cause, even if each individual month eventually got paid.

If instead of terminating mid-term you simply do not want to renew at the end of the term for due cause, you must give the resident at least 90 days' written notice before the agreement expires, again stating the specific reasons. (By contrast, a resident who plans to move the home off the lot must give you 60 days' notice before expiration.) Do not shortcut these windows — an early or defective notice restarts the clock.

Filing, the resident's home, and closure protections

Once the notice period has lapsed, you file a summary possession action in the Justice of the Peace Court for the county where the community sits. The resident is served by certified mail, first-class mail, or a constable; a hearing is typically set within a few weeks, and a no-show usually means a default judgment for you. Either side generally has 5 days to appeal the judgment.

Winning possession of the LOT is not the same as owning the home. The resident still owns the structure. Under §7013 they may sell it in place — the lot lease transfers to a qualified buyer — after giving you at least 3 weeks' written notice with the buyer, price, and terms; you get a right of first refusal at 10% above the contract price but must exercise it within 7 days. After an eviction, legal-aid guidance describes the resident being able to prepay 7 days' storage to extend removal, after which you may remove and store the home for up to 30 days at the resident's expense before disposing of it. Confirm those mechanics with counsel before acting, because mishandling someone's home creates serious liability.

Finally, if you are closing or converting the community, §§7023-7024 require at least a 1-year notice posted on each home and sent by certified mail, a written relocation plan, and a freeze on lot-rent increases after the notice — plus residents may draw a relocation payment from the Delaware Manufactured Home Relocation Trust Fund. And on rent generally, Subchapter VI (§§7050-7056) requires 90-to-120 days' advance notice of any increase and lets residents challenge above-CPI increases through the Manufactured Home Relocation Authority's arbitration process.

Typical timeline in Delaware

• Day 0 — Rent due
  Rent is due per the lease; it is not yet late until the grace period runs.
• Day 6 — Lateness trigger
  Rent not received by the 5th day after the due date (or longer lease grace period) makes it late under §7016 and lets you act.
• Day 6 — Serve 7-day demand
  Mail or personally serve a written pay-or-quit demand giving 7 days to pay in full; keep a dated copy.
• After 7 days — Termination ripens
  If still unpaid after the 7-day demand period, the tenancy may be terminated and you may file.
• Filing — JP Court
  File summary possession in the Justice of the Peace Court for the county; resident served by mail or constable.
• About 2-4 weeks — Hearing
  Court sets a hearing; a resident no-show typically yields a default judgment for the landlord.
• After judgment — 5-day appeal
  Either party generally has 5 days to appeal before the judgment is enforced.
• Change of use — 1 year
  Community closure/conversion requires at least a 1-year notice, a relocation plan, a rent freeze, and Trust Fund relocation payments (§§7023-7024).

Operator best practices in Delaware

• Build a relationship with a Delaware MHP attorney
  Chapter 70 is dense and unusually protective, and it was recodified in 2019 (grounds moved from §7010 to §7016). Have a Delaware manufactured-housing attorney review your notices and standing practices before you rely on them.
• Never attempt a no-cause eviction
  Delaware only permits termination for due cause under §7016 or a genuine change in land use under §§7023-7024. Document the specific ground every time.
• Respect the 5-day trigger before acting on rent
  Do not send a demand until rent is actually late (5th day after due date or longer lease grace period). Acting early voids the notice.
• Use the exact 7-day written pay-or-quit language
  Your nonpayment demand must be in writing, state the 7-day deadline from mailing or service, and warn of termination. Keep dated proof of mailing/service.
• Match the cure period to the violation
  Give 12 days for lot-condition problems, an immediate-cease notice for conduct (with the 6-month recurrence rule), and 90 days for a due-cause non-renewal. Do not use a one-size notice.
• Protect the resident's ownership of the home
  Honor the §7013 right to sell in place (3-week notice, your 7-day right of first refusal at 10% over price) and get counsel before removing or storing any home post-eviction.
• Follow rent-increase and closure rules to the letter
  Give 90-120 days' notice for increases, be ready to justify above-CPI raises through the Relocation Authority's arbitration, and for any closure give the full 1-year notice, relocation plan, and Trust Fund pathway.
• Consider cash-for-keys
  A negotiated cash-for-keys agreement is common market practice and is often faster and cheaper than a contested summary-possession case; paper it clearly with counsel's help.