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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For failure to pay rent - A written demand for payment and notice that payment for rent owed must be made within the time mentioned in the notice must be given or sent to the tenant before bringing an action for summary possession for failure to pay rent. The time specified to make the payment must be at least 5 days after the date of the notice for residential units. 25 Del.C. § 5502(a) (residential units); (See 25 Del.C. § 7010 A) for rental of lots for manufactured homes). For example, if the notice is given Friday, August 1, the landlord must give the tenant until at least August 8 to pay the rent before filing an action for summary possession. (Weekends and legal holidays are excluded when a time period is less than 7 days). The court action could then be filed August 9th or later.

For violation of rules - Advance written notice specifying the rule allegedly violated and providing an opportunity for the tenant to correct rule violations must generally be given or sent to the tenant before bringing a summary possession action for violation of rules.