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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It is also important to consult your rental agreement to determine any specific rights or duties which are included in it. Tenants of federally
subsidized housing have additional rights and obligations beyond those created by State law and should check their rental agreements for further information.
Another booklet, entitled How to File and Defend a Civil Claim in the Justice of the Peace Court, may be obtained at any Justice of the Peace Civil Court to help with general Court procedures, including the filing of a debt action (if you are seeking money only). You may also wish to ask the Court for the booklet containing sample complaints (one of which is for a summary possession action.) In addition, you may visit a law library to review case law, Court Rules, and other statutes which may be relevant to your case. Court booklets, forms, rules, and other materials may be downloaded from the Justice of the Peace Court website.

An option all parties should consider in any landlord-tenant dispute is mediation. Mediation is part of the Justice of the Peace Court Residential Eviction Diversion Program. Participation in this Program is mandatory for landlords. For more information about this Program and mediation options, go to the Justice of the Peace Court Landlord/Tenant web page.

If you do decide to file a court action for possession of a rental unit, you should realize that summary possession cases may be complicated to present and parties are encouraged, though not required, to have an attorney represent them. (However, parties who are artificial entities, such as a corporation, must file a Form 50 if they choose not to be represented by an attorney.)

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What is meant by substantive rights and obligations?