Skip to content
Oakclause

Tenant Abandoned Property Laws in Delaware

In Delaware, if a tenant does not remove property when a writ of possession is executed, the landlord may remove and store it for 7 days at the tenant's expense (30 days for a manufactured home), after which unclaimed property is deemed abandoned and may be disposed of.

Last checked . General information, not legal advice.

Delaware at a glance

Written notice required
Yes, through the writ of possession
The writ must contain a notice explaining the 7 day storage period, and the officer gives at least 24 hours' notice before removal.
Holding period
7 days (30 for a manufactured home)
After the holding period
Dispose of without further notice
The tenant must reimburse reasonable removal and storage costs to reclaim the property.

The rules in Delaware

Does a landlord in Delaware have to notify the tenant before disposing of left-behind property?

Yes, through the writ of possession. Written notice required in Delaware: yes, through the writ of possession. The writ must contain a notice explaining the 7 day storage period, and the officer gives at least 24 hours' notice before removal.

How long must a landlord in Delaware keep a tenant's abandoned property?

Holding period in Delaware: 7 days (30 for a manufactured home).

What can a landlord in Delaware do with abandoned property after the waiting period?

After the holding period in Delaware: Dispose of without further notice. The tenant must reimburse reasonable removal and storage costs to reclaim the property.

Where do the Delaware tenant abandoned property laws come from?

The rules above come from 25 Del. C. 5715. Each source is linked on this page. We last checked them in October 2026.

Good to know

This rule applies to property left at the execution of a writ of possession after a summary possession case. If an appeal is pending, the 7 day period runs from the resolution of the appeal.

What this means in practice

Before treating anything as abandoned, confirm that the tenancy has actually ended. Some statutes define when a unit counts as abandoned, and removing property while a tenant still has a right to possession can expose a landlord to claims for wrongful eviction or conversion.

Keep a written record. Photos or a video of the items, a dated inventory, a copy of any notice sent and proof of how it was delivered make it much easier to show that the required steps were followed if the former tenant later asks for the property or its value.

Store items safely and in a reasonable way during any holding period. Where a statute allows the landlord to charge reasonable moving and storage costs, or to keep sale proceeds to cover those costs, the rules on what may be charged and what happens to any surplus vary, so check the exact text for your state.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.