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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Tenants and landlords should be sure to review the Residential Landlord-Tenant Code or Mobile Home Lots and Leases Act, as appropriate, and the rental agreement to determine whether there is anything the other party is required to do that he or she hasn't done. If it can be proven that the landlord or tenant has failed to fulfill his or her duties, this failure can be part of the other party's claim or defense.

Each party (tenant and landlord) should think, in advance, about what they want and how they will explain and prove that to the judge at trial. Also, each party should think about what the other party might want and how they would respond at trial.

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Can I recover the costs of my suit from the other party?

When the Court enters judgment in the case, the Court will order the losing party to pay the court costs of the suit. However, attorneys' fees, by law, may not be awarded with regard to residential units in summary possession cases.

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What can I do if a non-suit or default judgment is entered against me?

A non-suit judgment is a judgment against a plaintiff which is entered when the plaintiff, after proper notice, fails to appear at the date and time for trial. A default judgment is a similar judgment against a defendant when the defendant fails to appear.

In summary possession cases, a party may file a motion to vacate a non-suit or default judgment. In most cases, this motion must be filed within 10 days of the entry of the judgment. 25 Del.C. § 5712

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How do I appeal a decision?