How to Evict a Roommate Not on the Lease in Delaware

If you’re renting in Delaware and have a roommate who isn’t on your lease, ending their stay can be complex. Knowing your rights and following the legal process is crucial to avoid potential trouble—whether you’re the official tenant or accidentally became someone’s sublandlord. This article explains the steps and laws involved when removing a roommate not on your lease in Delaware, letting you protect your rental situation legally and fairly.

Understanding Roommate Status in Delaware

Roommates not named on your lease are generally considered subtenants or occupants without official rights under your lease. The primary tenant on the lease is responsible for rent and legal compliance. Removing a roommate not listed on your lease means you act as their “landlord” in the eyes of the law. Delaware’s eviction rules apply even in these shared housing or informal roommate situations.

Key Delaware Law: Residential Landlord-Tenant Code

• Delaware’s landlord-tenant disputes and evictions are governed by the Delaware Residential Landlord-Tenant Code.
• Evictions are handled by the Justice of the Peace Court.

If your roommate pays rent, shares bills, or gets mail at the address, the law interprets them as a tenant/subtenant, even if not on the lease.

Legal Steps for Evicting a Roommate Not on the Lease

Here’s a summary of the standard legal process to evict a roommate without a written lease in Delaware:

• Give Written Notice: Delaware typically requires you to provide at least 60 days’ notice for a month-to-month roommate unless another arrangement exists. If rent is paid weekly, 7 days’ notice is standard. Use clear written language indicating when their tenancy will end.
• If They Don’t Leave Voluntarily: You must file for eviction at the Justice of the Peace Court.

• Official Filing Form:
  Summary Possession Action (JP Civil Form No. 1)
  JP Civil Form No. 1 - Complaint for Summary Possession
  Use this when your roommate refuses to leave after proper notice. As the primary tenant, you become the "landlord" for eviction purposes. File this form at your local Justice of the Peace Court with supporting evidence of notice given.

What Happens Next?

• The court sets a hearing date and serves your roommate a summons.
• If the judge rules in your favor, a Writ of Possession will be issued, allowing law enforcement to remove your roommate if they do not leave.

Only a sheriff or constable can forcibly remove a roommate—do not try to change locks or remove belongings yourself, as this is illegal "self-help" eviction.

Relevant Delaware Legislation

• § 5106 - Termination or Nonrenewal of Rental Agreement
• § 5702 - Summary Possession Proceedings

Reviewing these sections ensures you understand your responsibility and your roommate’s rights under Delaware law.

Action Steps: Evicting a Roommate Not on Your Lease in Delaware

• Draft a written notice stating your intent to end the roommate’s tenancy, including the end date.
• Deliver notice in person or by a method provable in court (like certified mail).
• If your roommate does not vacate, gather documentation (notices, proof of occupancy, written agreements, receipts).
• File the JP Civil Form No. 1 at your local Justice of the Peace Court.
• Attend the court hearing and present your evidence.

This process ensures both fairness and compliance with state law, protecting all parties involved.

FAQs: Delaware Roommate and Subletting Eviction

1. Do I need to go to court to remove my roommate?
   Yes, if the roommate doesn’t leave after proper written notice, Delaware law requires you to file in court for eviction—even if they aren’t on the lease.
2. Can I change the locks or remove my roommate’s belongings myself?
   No. This is considered an illegal "self-help" eviction. Only law enforcement acting under a court order can remove a person or their property.
3. What if my landlord didn’t approve my subtenant or roommate?
   While your lease likely prohibits unapproved subletting, the eviction process for the roommate remains the same. The landlord could also move to end your tenancy if you violate the lease.
4. Do Delaware roommate evictions apply if we have a verbal agreement?
   Yes. If the roommate pays rent or is allowed to live there with your consent, the law recognizes them as a tenant—even with no written agreement.
5. How long does the court process take?
   The Justice of the Peace Court can take several weeks from filing to final eviction, depending on the court’s schedule.

Conclusion: Key Takeaways for Delaware Renters

• Delaware law treats roommates not on the lease as tenants if they pay rent or live there with your permission.
• You must give written notice and, if needed, file an eviction in the Justice of the Peace Court using the proper form.
• Avoid self-help removals—only law enforcement can remove someone under a court order.

Knowing the proper steps protects your rights and helps ensure a legal, peaceful transition when ending a roommate’s stay in Delaware.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord-Tenant Information (Eviction process, forms, and FAQs)
• Delaware Residential Landlord-Tenant Code
• Delaware Department of Justice: Landlord-Tenant Resources
• Legal Services Corporation of Delaware (Free legal help for qualifying renters)

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1. Delaware Residential Landlord-Tenant Code
2. Justice of the Peace Court: Landlord-Tenant Section
3. JP Civil Form No. 1 - Complaint for Summary Possession
4. Delaware Title 25 § 5106: Termination or Nonrenewal of Rental Agreement
5. Delaware Title 25 § 5702: Summary Possession Proceedings

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