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/ ↗

Related Parts of This Source

Full Text

1,221 chars 
In a case in which the judge has ruled that failure of the tenant to pay the rent arose out of a good faith dispute, the tenant may usually stay all proceedings on the judgment by paying all rent due at the date of the judgment and the court costs. Alternatively, the tenant may stay the proceedings by filing a statement and such security as the Court orders that all rent and costs will be paid within 10 days of the judgment. If payment is not made within ten days, a writ of possession may be requested by plaintiff and issued by the Court. 25 Del.C. § 5716.

A good faith dispute means one in which there was an honest difference of opinion relating to the rights of the parties pursuant to the rental agreement or the Residential Landlord Tenant Code. 25 Del.C. § 5141(9)

class="anchors"

What if I can't afford the fees to file a case or an appeal or I can't afford the costs of a bond?

An application (called an "In Forma Pauperis" application (Civil Form 49)) may be made to the Court for these costs to be waived for persons the court determines are unable to pay. The clerk can provide the necessary forms. 25 Del.C. § 5718

class="anchors"

How does a winning plaintiff actually gain possession of the unit?