What remedies do I have if my tenant abandoned the property?

Full question:

My apartment in Delaware has been rented out for the past one year. For the last 2 months, I noticed that the tenant abandoned the property without any intimation. The extended absence and uncertainty in tenancy have put me in dilemma. What remedy do I have in this matter?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Delaware

Answer:

If a tenant in Delaware abandons a rental property without notifying the landlord, they may be liable for damages. Under Delaware law (25 Del. C. § 5507), if the rental agreement requires the tenant to inform the landlord of an extended absence and they fail to do so, the landlord can seek compensation for any harm caused by the absence.

The landlord has the right to enter the rental unit as necessary for inspection, maintenance, and safekeeping during the tenant's absence. If the tenant clearly indicates they do not intend to return, the landlord can take action to recover damages. The landlord can claim either:

• The total rent due for the remainder of the lease term and any actual damages incurred in preparing the unit for a new tenant, or
• All rent accrued while attempting to re-rent the property, plus any difference between the new rent and the previous rent, and any costs associated with re-renting and repairing damages beyond normal wear and tear.

The landlord must also make reasonable efforts to mitigate damages. If a judgment for possession is granted and there is no appeal, the landlord may remove and store any items left by the tenant at the tenant's expense. After seven days, the property may be considered abandoned and disposed of without further notice (25 Del. C. § 5507).