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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A tenant has the obligation not to damage the unit and the landlord has the obligation to return the security deposit or the difference between the security deposit and the amount set forth in a list of damages within 20 days of termination of the rental agreement. If the landlord does not return the security deposit and/or a list of damages within 20 days of the termination, the tenant may seek the return of double the security deposit, but only if the tenant has provided the landlord with a forwarding address at or prior to the termination of the rental agreement.

The substantive rights and obligations described above are examples of those provided by statute. Tenants and landlords also have other rights and obligations which do not relate to summary possession actions but which may be the basis of debt actions, or which, when specified in the statute, can be enforced directly without going to court. You should consult the Residential Landlord Tenant Code and/or the Manufactured Home Owners and Community Owners Act for further information.

class="anchors"

Who may file an action for summary possession?

An action for summary possession may be filed by either a tenant who has been wrongfully put or kept out of his or her rental unit; by the next tenant of the premises whose term has begun and the former tenant refuses to leave; by a landlord; or by an owner. 25 Del.C. § 5703. The person or organization who files the action is known as the plaintiff and the person against whom the action is filed is the defendant.

class="anchors"

May Actions for summary possession be brought for commercial rental agreement?