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 actions may not be brought for the following types of rental agreements: (1) nonrenewable rental agreements of 120 days or less in certain areas of Sussex County; (2) institutional, fraternal, or hotel-type lodgings; (3) rental agreements for ground upon which improvements were made or installed by the tenant and used as a dwelling where the tenant retains ownership or title thereto, or obtains title to the improvements; (4) rentals of ground upon which a recreational vehicle is placed; and (5) rental of ground within the category of seasonal property. 25 Del.C. § 5102 ; 25 Del.C. § 7004.

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What are the grounds for seeking summary possession?

Unless otherwise agreed in a written rental agreement, an action for summary possession may generally be brought:

by a tenant because the tenant has been wrongfully removed from or kept out of the unit (for example, the landlord has changed the locks and kept the tenant out of the unit without a court order permitting this).

by a new tenant because the old tenant is unlawfully continuing in possession of the unit.

by a landlord because the tenant has:

stayed in all or part of the unit after the expiration of the rental agreement without permission of the landlord;

wrongfully failed to pay the agreed rent;

wrongfully deducted money from the agreed rent;

breached a lawful obligation relating to the tenant's use of the premises;

stayed in the unit for more than 15 days after dismissal when the housing was supplied by the landlord as part of the compensation for labor or services;

refused to give possession of a rental unit which has been damaged by fire or other casualty when the landlord needs to repair the unit;