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

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It is free, and a quick way for the parties to reach a mutually acceptable result if they want to avoid litigation. Mediation is informal and can be quickly scheduled and heard. It often helps a situation where the parties hope or expect to continue an agreement or relationship. Trained mediators are available in all three counties at no charge for all types of landlord-tenant disputes. For more information on mediation contact:
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<p>New Castle County: Delaware Center for Justice (302-658-7174)</p>
<p>Kent and Sussex Counties: County: Center for Community Justice (302-424-0890)</p>

If you do decide to file a court action for possession of a rental unit, you should realize that summary possession cases may be complicated to present and parties are encouraged, though not required, to have an attorney represent them. (However, parties who are artificial entities, such as a corporation, must file a Form 50 if they choose not to be represented by an attorney.)

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What is meant by substantive rights and obligations?

The Residential Landlord Tenant Code and the Manufactured Home Owners and Community Owners Act provide that landlords and tenants must do certain things and that if they
do not, the other party has certain rights. For example:

A landlord has the obligation to supply hot water, heat, and electricity and a tenant may, if these are not supplied, after giving written notice to the landlord, seek to keep two-thirds of the daily rent for any period when these are not supplied.

A tenant has the obligation to pay rent and a landlord has the right to charge a late fee if provided for in the rental agreement (not more than 5% of the monthly rent) when rent is not paid on time, to sue for back rent and/or to seek possession of the unit for unpaid rent.