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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If the party in possession of the unit does not vacate it on his or her own, the plaintiff may ask the Court to issue a writ of possession. There is an additional fee of $40.00 for issuing this writ. The writ of possession is an order to the constable to remove all persons who have been found to be wrongfully in the unit. The Court will not issue the writ of possession until 10 days from the date of the judgment have passed. In addition, if the defendant has appealed and has posted a bond and/or any other assurances required by the Court, the Court will wait to order the eviction to determine whether or not the plaintiff is successful upon appeal. 25 Del.C. § 5715

If the defendant has appealed but has not filed a bond or assurances, the Court may issue the writ of possession upon the plaintiff's request. However, if the tenant is evicted, but is ultimately successful on appeal, the plaintiff will be responsible for reasonable cover damages for the period while the tenant was evicted from the unit (including but not limited to the costs of substitute housing and moving), plus court costs and fees.

If an eviction is ordered, the person(s) to be removed will be given at least 24 hours notice that they must vacate the premises. 25 Del.C. § 5715 (b)

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What if the person evicted leaves his or her personal property in the unit?