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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After a judgment for possession is entered by the Court, the landlord may ask the Court to issue a writ of possession. There is an additional fee 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 (unless it is a stipulated judgment, in which case it may be issued immediately, depending on the language in the stipulation). In addition, if the opposing party has appealed and has posted a bond and/or any other assurances required by the Court, the Court will not issue the writ of possession pending that outcome of the appeal. 25 Del.C. § 5715

If the tenant has appealed but has not filed a bond or assurances, the Court may issue the writ of possession upon the landlord's request. However, if the tenant is evicted, but is ultimately successful on appeal, the landlord 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)