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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The Residential Landlord Tenant Code and the Manufactured Home Owners and Community Owners Act provide that landlords and tenants must do certain things and that if they
do not, the other party has certain rights. For example:

A landlord has the obligation to supply hot water, heat, and electricity and a tenant may, if these are not supplied, after giving written notice to the landlord, seek to keep two-thirds of the daily rent for any period when these are not supplied.

A tenant has the obligation to pay rent and a landlord has the right to charge a late fee if provided for in the rental agreement (not more than 5% of the monthly rent) when rent is not paid on time, to sue for back rent and/or to seek possession of the unit for unpaid rent.

A tenant has the obligation not to damage the unit and the landlord has the obligation to return the security deposit or the difference between the security deposit and the amount set forth in a list of damages within 20 days of termination of the rental agreement. If the landlord does not return the security deposit and/or a list of damages within 20 days of the termination, the tenant may seek the return of double the security deposit, but only if the tenant has provided the landlord with a forwarding address at or prior to the termination of the rental agreement.