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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The rule or provision of the rental agreement allegedly broken, the date the tenant was told of the rule, and the way in which the tenant was told about the rule (for example, handed to tenant, mailed). A copy of the rule or provision as initially provided to the tenant must be attached.

Facts showing that the rule was broken and that the landlord gave the tenant the required notice. (See the notice requirements for breach of rules discussed earlier.)

Facts showing a continued or recurring violation of the rule.

A statement of the purpose served by the rule.

If the rule did not exist when the tenant entered into the rental agreement, a statement that it does not work a substantial modification of the tenant's bargain, or if it does, that the tenant consented knowingly, in writing, to the rule.

If you (plaintiff) wish to have a jury trial:

Unlike other actions in the Justice of the Peace Court, jury trials may be held in summary possession actions. To have a jury trial, you must be sure to check the "trial by jury" box on the complaint. Parties are particularly encouraged (though not required) to have an attorney represent them when there is a jury trial.

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What happens after I fill out the papers?

Your action for possession will be scheduled for trial and the defendant will be served with the complaint and summoned to appear at trial. You will receive a notice in the mail giving the date and time of the trial. It may take several weeks before your trial will be held, depending on the number of cases filed in that court.

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How are the complaint and summons served?