Abandoned Property Laws in Delaware 2025
What landlords must do with personal property left behind after eviction or abandonment, under 25 Del. C. § 5715
7-day written notice; landlord may then dispose or sell.
Delaware does not leave abandoned-property disposal to common law. Two sections of the Landlord-Tenant Code control it directly: 25 Del. C. § 5715, which governs belongings left behind after an eviction and writ of possession, and 25 Del. C. § 5507, which covers abandonment outside the court process and extended-absence notice. Both give landlords a clear, short path, short notice, a fixed 7-day holding period at the tenant's expense, then disposal, but only if you follow the sequence exactly.
The practical takeaway: once the writ has run its course, you are not required to warehouse a departed tenant's furniture indefinitely, run a public auction, or account for sale proceeds. You are required to give notice, hold the goods for the statutory window, and let the tenant reclaim them by paying reasonable removal and storage costs first.
Step-by-Step: Handling Abandoned Property in Delaware
Follow these steps precisely to protect yourself from liability under 25 Del. C. § 5715:
- Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
- Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under 25 Del. C. § 5715, you must give 7 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
- Secure the property during the notice period. While storage is not legally required in Delaware, keeping items in a secure location establishes a clear paper trail and protects potentially high-value items from claims of damage or disappearance.
- Assess the property. Even without a statutory value threshold, document estimated values for each item. If items appear potentially valuable, consider a public sale to maximize recoverable costs and minimize dispute risk.
- Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
- Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.
After an eviction: the writ of possession path (§ 5715)
Most abandoned-property situations in Delaware arise at the end of a summary possession case. The writ of possession issued by the Justice of the Peace Court is the trigger. Under 25 Del. C. § 5715, a writ where no appeal has been filed must tell the tenant that if belongings are not removed within 24 hours, the landlord may remove and store them.
Once that 24-hour window passes, you may remove and store the tenant's personal property at the evicted person's expense. You must hold it for 7 days. If the tenant appeals the summary possession judgment, the 7-day clock instead runs for 7 days after the decision on the appeal. Keep the goods reasonably secure during this period, this is a bailment, and careless handling can expose you to a damages claim.
When property becomes "abandoned" and can be disposed of
At the end of the 7-day holding period, the test is simple: has the tenant claimed the property and reimbursed your reasonable removal and storage costs? If not, the property is deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
"Disposed of" is broad. Delaware does not force you into a specific method, there is no statutory requirement to run a public sale, publish notice in a newspaper, or hold an auction. You may keep, sell, donate, or discard the items. Because the tenant's right to reclaim ends only at the close of the holding period, do not sell or trash anything before the 7 days (or the post-appeal window) have fully run.
Abandonment without a court case (§ 5507)
Not every abandonment goes through eviction. A tenant may simply move out and leave belongings, or vanish mid-lease. 25 Del. C. § 5507 covers this. If there is no appeal from a judgment granting summary possession, the landlord may immediately remove and store, at the tenant's expense, any items left on the premises; 7 days after the appeal period has expired the property is deemed abandoned and may be disposed of without further notice or liability.
Section 5507 also lets you build in an early-warning tool: the rental agreement may require the tenant to give written notice of an anticipated extended absence no later than the 1st day of that absence. If the tenant agreed to that term and ignores it, the tenant must indemnify you for harm caused by the unannounced absence. Add this clause to your lease, it converts a silent, ambiguous disappearance into a documented breach.
No mandatory sale, no proceeds accounting, how Delaware differs
Many states require a landlord to sell abandoned property at public sale above a value threshold and to hold or remit the net proceeds to the tenant or the state. Delaware imposes no such step. There is no statutory dollar threshold, no auction requirement, and no proceeds-remittance obligation in §§ 5715 or 5507. Once property is lawfully deemed abandoned, your obligations end.
That said, you may recover your reasonable removal and storage expenses from the tenant, and the tenant's right to reclaim is conditioned on paying those costs. Document what you removed, when, and what storage cost, photos and an itemized log protect you if the tenant later disputes the amount or claims valuable items went missing.
The federal baseline and how it fits
There is no general federal statute governing how a landlord disposes of a tenant's abandoned personal property, this is entirely a matter of state law, and in Delaware that means §§ 5715 and 5507. Federal law touches only the timing of getting to that point: the Protecting Tenants at Foreclosure Act and the Servicemembers Civil Relief Act can affect when and whether you may evict, but neither dictates abandoned-property handling. Once you hold a valid Delaware writ or a documented abandonment, follow the state sequence.
Related Guides for Delaware Landlords
This overview reflects Delaware's Landlord-Tenant Code as codified at 25 Del. C. § 5715 (execution of judgment; writ of possession) and 25 Del. C. § 5507 (landlord remedies for absence or abandonment), and the writ procedures of the Delaware Justice of the Peace Court. Statutes and court forms change; confirm the current text at delcode.delaware.gov and consult a Delaware attorney before disposing of a tenant's property. This is general information, not legal advice.
Frequently Asked Questions
How long must a Delaware landlord store a tenant's abandoned property?
Seven days. Under 25 Del. C. § 5715 the landlord stores the property for 7 days at the tenant's expense, or 7 days after the decision on any appeal of the summary possession action. Section 5507 likewise deems property abandoned 7 days after the appeal period expires.
How much notice does the tenant get to remove belongings after eviction?
A writ of possession with no appeal filed must state that if the tenant does not remove property within 24 hours, the landlord may remove and store it. After that 24-hour window, the 7-day storage period begins.
Does Delaware require a public sale or auction of abandoned property?
No. Neither § 5715 nor § 5507 requires a public sale, published notice, or auction. Once the property is deemed abandoned at the end of the 7-day period, the landlord may dispose of it, keep, sell, donate, or discard, without further notice or obligation to the tenant.
Does the landlord have to give the tenant any sale proceeds?
No. Delaware's statutes impose no obligation to account for or remit proceeds from abandoned property. The landlord may, however, recover reasonable removal and storage costs, and the tenant must pay those costs to reclaim the goods before the holding period ends.
Can I charge the tenant for moving and storing the property?
Yes. Both § 5715 and § 5507 authorize storage at the tenant's expense. The tenant's right to reclaim the property is conditioned on reimbursing your reasonable removal and storage costs, so keep an itemized record of what you spent.
What if the tenant just disappears mid-lease and leaves things behind?
That is governed by § 5507. You can protect yourself by including a lease clause requiring the tenant to give written notice of an extended absence by the 1st day of that absence; if the tenant agreed and failed to notify you, the tenant must indemnify you for resulting harm. Property is deemed abandoned 7 days after the appeal period on any possession judgment expires.
Statutory citation: 25 Del. C. § 5715. Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.