Title 25 — Property

§ 5605. Annual report. (a) Not later than August 31 of each year, each designated organization shall report to the Coordinator information on services provided in conformity with requirements developed by the Coordinator. (b) Not later than November 30 of each year, the Coordinat…

§ 5606. Additional required disclosures. A landlord, or “housing authority” as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representa…

§ 5607. Implementation. (a) The Coordinator shall phase in, over a period of time ending no later than June 30, 2028, provided sufficient funding for full implementation is appropriated, in a manner that the Coordinator determines appropriate, the legal representation required to…

§ 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 …

§ 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…

§ 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 …

§ 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 …

§ 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…

§ 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;

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 5901. Petition for receivership; grounds, notice and jurisdiction. Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord: (1) If…

§ 5902. Necessary parties defendant. (a) Petitioners shall join as defendants: (1) All parties duly disclosed to any of them in accordance with § 5105 of this title; and (2) All parties whose interest in the property is: a. A matter of public record; and b. Capable of being prote…

§ 5903. Defenses. It shall be sufficient defense to this proceeding, if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of trial; or (2) The condition or conditions alleged in the petition have been caus…

§ 5904. Stay of judgment by defendant. (a) If, after a trial, the Court shall determine that the petition should be granted, the Court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided, however, prior to the entry to judgment and appoi…

§ 5905. Receivership procedures. The receiver shall be the Division of Consumer Protection of the State or its successor agency. (1) Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be …

§ 5906. Powers and duties of the receiver. The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily li…

§ 5907. Discharge of the receiver. (a) In addition to those situations described in § 5905 of this title, the receiver may also be discharged when: (1) The condition or conditions alleged in the petition have been remedied; (2) The property materially complies with all applicable…

§ 6101. Metering and charges for utility services. Whenever any landlord or other person: (1) Purchases utility service from a public utility and redistributes the same to a tenant in a commercial unit and/or in connection with the operation of that commercial unit (e.g., the ope…

§ 6102. Definitions. The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Commercial unit” shall mean any lot, structure or portion thereof wh…

§ 6103. Preference of rent in cases of execution. Liability of goods levied upon for 1 year’s rent: (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or s…

§ 6104. Confession of judgment. A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.25 Del. C. 1953, § 6104; 58 Del. Laws, c. 472, § 1;

§ 6105. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent…

§ 6301. Action at law; jurisdiction; case in which distress lies. (a) Distress for rent is hereby abolished except pursuant to a rental agreement for a commercial unit and in that event it shall be an action at law which shall be brought as provided herein. (b) The several courts…

§ 6302. Form of claim; contents; costs. (a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the …

§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy. (a) Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim’s compliance with the provisions of this chapter, and upon a determina…

§ 6304. Levied goods in custody of Court; removal and sale; plaintiff’s interest. (a) Except as hereinafter provided, goods levied upon by the constable or sheriff shall remain on the leased premises in the custody of the Court unless released as hereinafter provided. (b) Upon ap…

§ 6305. Protective measures upon a showing that a tenant may abscond. Upon petition of the plaintiff in distress and upon a showing under oath or affirmation of a need for protective measures because the tenant may abscond or remove and conceal that tenant’s goods, the Court may …

§ 6306. Procedure in the event of a forcible entry. Where entry is gained forcibly and if no tenant is found on the premises, a copy of the claim and order shall be affixed on a prominent place on the interior of the leased premises. The constable or sheriff shall then proceed to…

§ 6307. Release of distrained property upon filing of bond. Upon the filing of a bond with surety with the Court where the distress action is pending, the Court may release from the levy and return, or release from the levy or return, the property to the tenant. The bond shall be…

§ 6308. Answer to claim; hearing; final order of sale. (a) The defendant in an action of distress may file an answer to the action, setting forth any defenses defendant may have to the action. The court shall schedule the hearing to be held promptly after the levy, but not later …

§ 6309. Public sale of property distrained; notice of sale. After the expiration of 10 days from the day of the issuance of a final order of sale by the Court, the officer may sell the property, or so much thereof as is necessary to satisfy the rent and all costs, at public vendu…

§ 6310. Liability of officer. Any constable, sheriff or other officer of the Court acting in good faith pursuant to an order of the Court as provided herein shall not incur civil or criminal liability for that constable’s or sheriff’s or other officer’s actions in carrying out sa…

§§ 6501, 6502. Preference of rent in cases of execution; taxes paid by tenant; setoff against rent; recovery from owner [Transferred]. Transferred.