Summary
The user is facing eviction from a house in Wilmington, Delaware, where they were allowed to stay until it was sold. The landlord asked them to leave after a week due to a paint spill. There was no written agreement, but there were witnesses to the verbal agreement. The user offered to clean or replace the carpet after the spill, but the landlord refused. The landlord has not provided a written eviction notice, which is required by Delaware law. The user has taken pictures to document the condition of the carpet before and after the spill. The user is advised to contact a local legal aid society for guidance on their rights as a tenant in Delaware.Full Conversation
No there was no written agreement but there is a couple witnesses
What exactly did the witnesses observe or hear regarding your agreement with the landlord?
That I am allowed to stay here until it is sold then he would put me into my own apartment
What is the current status of the house sale and have you discussed this issue with your landlord recently?
It is up for rent
Have you received any formal eviction notice from the landlord?
Only by phone
Did you record the phone conversation or have any written communication about the eviction?
No
What state are you currently residing in? This will help me provide you with the most accurate information regarding tenant rights and eviction laws.
Delaware
What is the duration of your stay in the house before the landlord asked you to leave?
A week
What was the reason given by the landlord for asking you to leave?
He was upset because I spilled paint on carpet he was paying me to paint n now he said he's not paying me n that I have to leave
Did you offer to clean or replace the carpet after the paint spill? In Delaware, landlords must follow a process for eviction, which includes a written notice.
Yes
Did the landlord accept your offer to clean or replace the carpet?
In Delaware, landlords must provide written notice for eviction. Verbal eviction notice is not legally binding.
No
What actions have you taken since the landlord refused your offer to clean or replace the carpet?
In Delaware, landlords must provide a written eviction notice. Verbal eviction notice is not legally binding.
Nothing
Have you considered seeking legal advice or representation to understand your rights and options in this situation?
No that is why I am asking u
What is the current status of your living situation? Are you still in the house or have you moved out?
I have to leave today n then I will be homeless
Have you contacted any local homeless shelters or housing assistance programs in Wilmington, Delaware?
Not yet
Have you considered contacting the Delaware Community Legal Aid Society Inc. for assistance? They provide free legal services to low-income individuals. Their contact number is (*) *-*.
Not yet
Have you tried reaching out to the landlord to negotiate a longer stay or to discuss the issue further? In Delaware, eviction requires a written notice, verbal notice is not legally binding.
Yes
What was the landlord's response when you tried to negotiate a longer stay or discuss the issue further?
He did not text back he called n said if I was not out today he is coming with cops
Did the landlord provide a specific time by which you need to vacate the premises? In Delaware, a landlord must give a tenant 60 days notice to vacate if there's no lease.
He told me today that I had to leave today
Did the landlord provide you with a written eviction notice? In Delaware, verbal eviction notices are not legally binding.
No
Did the landlord give you a reason for not accepting your offer to clean or replace the carpet?
No
What actions have you taken since the landlord refused your offer to clean or replace the carpet?
Asking u
Have you documented the condition of the house before leaving? It could be useful in case of any disputes regarding property damage.
No I haven't left yet
What is the condition of the house currently, especially the area where the paint was spilled?
Fair
What steps have you taken to clean up the paint spill?
I stayed up all night
Cleaning the paint spill? Did you manage to remove it or is it still visible?
Yes half of it
What type of paint was spilled and on what type of carpet? This can affect the ease of removal and potential damage.
Flat white paint for wall n cheap flat hard carpet very old
What actions have you taken to document the condition of the carpet before and after the paint spill?
Took pictures
What is the date and time when you took these pictures? This could be crucial evidence if you decide to dispute the eviction.
Today
What is your plan for today? Are you going to leave the house or stay and wait for the landlord?
Not sure asking ur option
Based on the information you've provided, it's crucial to contact a local legal aid society immediately. They can provide guidance on your rights as a tenant in Delaware.