Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 5701. Jurisdiction and venue.
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§ 5701. Jurisdiction and venue. An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located. In the event that more …
25 Del. C. § 5701A. Establishing territorial jurisdiction.
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§ 5701A. Establishing territorial jurisdiction. In any county in which more than 1 Justice of the Peace Court location has been designated to hear civil cases, each court location shall have a geographical area assigned to it for the purpose of establishing jurisdiction over acti…
25 Del. C. § 5701B. Civil jurisdiction; bifurcated claims.
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§ 5701B. Civil jurisdiction; bifurcated claims. Parties aggrieved in matters arising from a commercial lease in which summary possession is sought may split or bifurcate the cause of action and file an action for summary possession and also file a plenary action between the same …
25 Del. C. § 5702. Grounds for summary proceeding.
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§ 5702. Grounds for summary proceeding. Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because: (1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the …
25 Del. C. § 5702A. Residential eviction diversion program.
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§ 5702A. Residential eviction diversion program. (a) (1) Not later than April 27, 2024, the Justice of the Peace Court or the Court’s designee shall establish a residential eviction diversion program to facilitate post-filing eviction dispute resolution between landlords and tena…
25 Del. C. § 5703. Who may maintain proceeding.
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§ 5703. Who may maintain proceeding. The proceeding may be initiated by: (1) The landlord; (2) The owner; (3) The tenant who has been wrongfully put out or kept out; (4) The next tenant of the premises, whose term has begun; or (5) The tenant.70 Del. Laws, c. 513, § 4;
25 Del. C. § 5704. Commencement of action and notice of complaint.
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§ 5704. Commencement of action and notice of complaint. (a) The proceeding shall be commenced by filing a complaint for possession with the court. (b) Upon commencement of an action, the court shall issue the process specified in the praecipe and shall cause service of the compla…
25 Del. C. § 5704A. Additional documentation relating to lead-based paint hazards [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].
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§ 5704A. Additional documentation relating to lead-based paint hazards [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) When filing a complaint for possession, the landlord must provide documentation to the court demonstrating that the property is in com…
25 Del. C. § 5705. Service and filing of notice.
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§ 5705. Service and filing of notice. (a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard. (b) The notice and complaint, together with proof of service thereof, shall be filed …
25 Del. C. § 5706. Manner of service.
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§ 5706. Manner of service. (a) Service of the notice of hearing and complaint shall be made in the same manner as personal service of a summons in an action. (b) If service cannot be made in such manner, it shall be made by leaving a copy of the notice and complaint personally wi…
25 Del. C. § 5707. Contents of complaint generally.
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§ 5707. Contents of complaint generally. The complaint shall: (1) State the interest of the plaintiff in the rental unit from which removal is sought; (2) State the defendant’s interest in the rental unit and defendant’s relationship to the petitioner with regard thereto; (3) Des…
25 Del. C. § 5708. Additional contents of certain complaints.
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§ 5708. Additional contents of certain complaints. If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant’s use and enjoyment of the rental unit, the complaint shall, in addition to the…
25 Del. C. § 5709. Answer.
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§ 5709. Answer. At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing. If the answer is oral, the substance thereof shall be endorsed on the complaint. The answer may conta…
25 Del. C. § 5710. Trial.
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§ 5710. Trial. Where triable issues of fact are raised, they shall be tried by the court. At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the ap…
25 Del. C. § 5711. Judgment.
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§ 5711. Judgment. (a) The court shall enter a final judgment determining the rights of the parties. The judgment shall award to the successful party the costs of the proceeding. (b) The judgment shall not bar an action, proceeding or counterclaim commenced or interposed within 60…
25 Del. C. § 5712. Default judgment.
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§ 5712. Default judgment. (a) No judgment for the plaintiff shall be entered unless the court is satisfied, upon competent proof, that the defendant has received actual notice of the proceeding or, having abandoned the rental unit, cannot be found within the jurisdiction of the c…
25 Del. C. § 5713. Jury trials.
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§ 5713. Jury trials. (a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justic…
25 Del. C. § 5714. Compelling attendance of jurors.
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§ 5714. Compelling attendance of jurors. (a) In a proceeding under this chapter, the justice may require the attendance of the jurors the justice appoints, and may issue a summons under hand and seal to a constable for summoning them to appear before the court. (b) If any juror d…
25 Del. C. § 5715. Execution of judgment; writ of possession.
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§ 5715. Execution of judgment; writ of possession. (a) Upon rendering a final judgment for plaintiff, but in no case prior to the expiration of the time for the filing of an appeal or motion to vacate or open the judgment, the court shall issue a writ of possession directed to th…
25 Del. C. § 5716. Stay of proceedings by tenant; good faith dispute.
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§ 5716. Stay of proceedings by tenant; good faith dispute. When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent and the default arose out of a good faith dispute, the tenant may stay all proceedings on such j…
25 Del. C. § 5717. Stay of proceedings on appeal.
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§ 5717. Stay of proceedings on appeal. (a) Nonjury trials. — With regard to nonjury trials, a party aggrieved by the judgment rendered in such proceeding may request in writing, within 5 days after judgment, a trial de novo before a special court comprised of 3 justices of the pe…
25 Del. C. § 5718. Proceedings in forma pauperis.
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§ 5718. Proceedings in forma pauperis. Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affi…
25 Del. C. § 5719. Landlord regaining possession of residential rental unit upon the death of a deceased sole tenant.
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§ 5719. Landlord regaining possession of residential rental unit upon the death of a deceased sole tenant. (a) Possession of a residential rental unit upon the death of a sole tenant shall be returned to the landlord without an action for summary possession if: (1) An affiant or …
25 Del. C. § 5720. Shielding of records.
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§ 5720. Shielding of records. (a) A defendant in an action under this chapter may apply to the Court in which the action was filed for an order shielding the record of the action. The Court must grant the defendant’s motion if the Court finds any of the following: (1) The judgmen…