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/ ↗

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Full Text

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Summary possession procedures apply to commercial, as well as to residential, rental agreements. (However, the substantive rights and obligations of landlords and tenants will be determined by the rental agreement and general contract law and not by the Residential Landlord Tenant Code or Manufactured Home Owners and Community Owners Act.) In addition to those actions discussed elsewhere in this booklet, landlords of commercial properties may file a distress for rent. (Distress for rent actions are not allowed for residential rental agreements.) This action permits a levy upon (i.e., a seizure, which may, or may not, include a physical removal) and sale of the tenant's goods if back rent is owed and there is reason to believe that the tenant would dispose of the goods in the absence of the levy. 25 Del.C. Ch. 63.

class="anchors"

What about manufactured homes or manufactured home lots?

A summary possession action may also be brought to recover possession of manufactured homes and manufactured home lots. 25 Del.C. § 7002(b). The residential Landlord Tenant Code also governs the renting of manufactured homes. Chapter 70, Subchapter I governs issues pertaining to the rental of lots in manufactured home communities.

class="anchors"

Are there rental agreements for which an action for summary possession may not be brought?