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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Full Text

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been convicted of a class A misdemeanor or any felony during the term of the rental agreement which caused or threatened to cause irreparable harm to any person or property;

by an owner when the tenant has:

stayed in the unit for more than 5 days after the property has been duly sold upon the foreclosure of a mortgage.

In addition, a summary possession action for a commercial rental unit may be brought upon any grounds provided for in the rental agreement and a summary possession action for a manufactured home or manufactured home lot may be brought for any of the grounds set forth in the Manufactured Home Owners and Community Owners Act - 25 Del.C. § 5702

class="anchors"

Should anything be done before filing for possession?

Yes. A landlord of a residential unit, or of a manufactured home or rental of lots for manufactured homes should notify the tenant in writing that the rental agreement is being terminated or, if for cause, will be terminated, if corrective action is not taken. The amount of notice which the landlord must give the tenant depends upon the reason for terminating the rental agreement and type of rental. A complaint should not be filed until the time allowed in the notice has passed and the tenant has either not paid the amount due, or stopped the violation, as appropriate.