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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A statement of the facts upon which the action is based. Example 1: "The tenant has failed to pay rent for the last two months, a written notice was sent to the tenant on September 15th, and the tenant has not paid any rent." Example 2: "The landlord changed the locks on September 15th and has unlawfully kept the tenant out of the rental unit since that date. The rent per day is $15.75 and the tenant seeks three times the amount of the rent for the period the tenant has been kept out of the unit." (25 Del.C. § 5313) for more information on tenants unlawfully kept out of a unit.

A copy of any written notice sent to the tenant must be attached to the complaint. For example, if you are a landlord seeking possession of a residential unit, including a manufactured home or manufactured home lot, for failure to pay rent, you must attach a copy of the notice which you gave to the tenant stating that unless payment is made within the time specified the rental agreement will be terminated. (See the discussion above in the section entitled "Should Anything Be Done Before Filing for Possession" for more information on the notice.)

A statement of what the plaintiff seeks in the action (for example, possession of the unit or possession and back rent).

In addition, you should be sure to include the address of the rental unit in the special space provided on the complaint a few lines below the space for the defendant's name and address.

Special Requirements for violations of rules or provisions of the rental agreement:

A landlord claiming that the tenant has violated a rule or rental agreement provision relating to the tenant's use of the rental unit must also include the following information in the complaint (25 Del.C. § 5708) :