State Specific Question About: DELAWARE (DE)

How does Delaware compare with other states in terms of landlord/tenants laws and policies? What about property taxes and insurance rates? I'm looking at cities such as Wilmington, Newark and Dover.

Thanks for any information.....

I think that you are approaching this problem in the wrong way.

I don't think that any state is really more or less friendly, except perhaps for those that have enacted a rent control statute. All states have the same problems: tenants that don't pay rent, landlords that cheat tenants out of security deposits, tenants that lie in court, landlord that lie in court, tenants that disclaim responsibility for damage, landlords that deduct for unsupportable damage claims, etc. Basically, all states try to resolve these problems according to established principles of law, contracts and property. A competent landlord can easily adapt from one jurisdiction to another simply by knowing the local rules and following them, plus assimilating the general principles of how to invoke his rights in court. Most losses reported in these pages are because of landlords who don't know how to prepare themselves, or how to resolve problems like a competent businessman.

Sure moshe... come to Indiana and do an eviction. You won't go back to CA. IN is LL friendly state, especially compared to CA. In principal, you are correct. But at least in IN, you can make a mistake in putting a tenant in and only be out a month or so tops. In CA, heard plenty of stories of months on end and costing thousands.

Tell me, Tim, whats the difference in doing an eviction in CA vs doing it in CA?

And, how do rents affect the legal environment?

Hopefully Gevans will pop in. I know it's easier where he is.

Also, Texas is LL friendly in many ways. You can seize assets to hold for unpaid rent...things like that.

From personal experience, MO is more LL friendly than IL for the following reasons:

MO, no real legal notice is required. (I do give 3 days). You can literally knock on the door, demand the rent, and if they don't pay go straight to the courthouse and file. Also, flat rate eviction, and pretty quickly, too. Different counties can be a nightmare, though. As Brad 20K says, "gotta know YOUR judge."

In IL: 5 day notice +1 for service. No flat rate. Slow to get to court. If you're an LLC or other entity, the lawyers will skin you as you have to get them to got to court for you. A good freind's recent IL evcition was 2 months and over $600 on a $450/mo apt.

Some states have very bad laws concerning lead. Check into that for the state you are interested in as well. Stay away from MA.

" can you show up and say "I want the tenants out" and nothing more. And the judge agrees and tells the tenants to move by a date? "

Except for rent-controlled jurisdictions, I can say (for a month-to-month tenant) that you are notified that your tenancy is terminated in 30 days (60 days if they have occupied for 1 year or more, if they are still there on Day 31, I can file for eviction, court will award possession to me, and the Sheriff will show up according to his workload and put them out. Only certain defenses, which are also available in most other states, can prevent eviction.

Everywhere, a judge is a just lawyer who knows the Governor. In CA, I have some control over the judge. I am not obligated to accept a temporary judge, I can hold out for a real judge and will almost always receive a very fair hearing, according to the law.

I can seize wages, property, accounts receivable, pocket cash or tap the till to satisfy a judgment.

I didn't find it hard to learn how to do these tasks myself, in most simple applications.