Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

Citation
Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action
Jurisdiction
Delaware (state)
Source
Official source
Original Source
https://courts.delaware.gov/help/LandlordTenant/ ↗

Related Parts of This Source

Full Text

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What do I do if I am the defendant in an action for summary possession?

How should I prepare for trial?

Can I recover the costs of my suit from the other party?

What can I do if a non-suit or default judgment is entered against me?

How do I appeal a decision?

What if I can't afford the fees to file a case or an appeal or I can't afford the costs of a bond?

How does a winning plaintiff actually gain possession of the unit?

What if the person evicted leaves his or her personal property in the unit?

If the landlord is awarded possession of a manufactured home lot and the mobile home lot is to leased from the landlord, must the tenant remove the mobile home within 24 hours?

What if the tenant does not remove the manufactured home from the lot within the required time?

What does this booklet explain?

This booklet explains the special procedures which apply in an action to obtain possession of a rental unit, known as an action for summary possession. A summary possession action should only be filed if possession alone is sought or if both possession and money (such as back rent) are sought. If only money is sought from the other party in a landlord-tenant case (for example, the return of a security deposit), a debt action should be filed and different procedures will apply. Before filing an action for summary possession, it is important that you decide whether you want to ask the Court to give you possession of the unit.

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