Complaint for Summary Possession (Eviction) — Delaware Justice of the Peace Court

COMPLAINT FOR SUMMARY POSSESSION — DELAWARE JUSTICE OF THE PEACE COURT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Description of Premises and Tenancy
5. Predicate Notice and Service
6. Eviction Diversion Program Compliance
7. Count I — Summary Possession (Non-Payment of Rent)
8. Count II — Summary Possession (Breach of Covenant)
9. Count III — Summary Possession (Holdover / No-Cause Nonrenewal)
10. Count IV — Money Judgment for Rent, Damages, and Costs
11. Prayer for Relief
12. Verification
13. Signature and Service Blocks
14. Exhibit List
15. Delaware Practice Notes
16. Sources and References

1. CAPTION

IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

JP COURT NO. [____]

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR SUMMARY POSSESSION

(25 Del. C. § 5701 et seq.)

2. PARTIES

2.1 Plaintiff [LANDLORD NAME] ("Landlord") is the [☐ owner / ☐ authorized agent / ☐ property manager / ☐ successor in interest] of the rental unit located at the address described in Section 4 below. Landlord's mailing address is [________________________________]. Landlord is authorized to bring this action under 25 Del. C. § 5703.

2.2 Defendant [TENANT NAME] ("Tenant") is, and at all times material has been, the tenant of record under the rental agreement covering the rental unit. Tenant's last known address is the rental unit identified in Section 4.

2.3 Defendants "All Other Occupants in Possession" are joined to bind any unnamed adult occupant who claims a right to remain in possession.

3. JURISDICTION AND VENUE

3.1 Jurisdiction is proper in this Justice of the Peace Court under 25 Del. C. § 5701, which vests jurisdiction over residential and commercial summary possession actions in the JP Court.

3.2 Venue is proper in [NEW CASTLE / KENT / SUSSEX] County and in this JP Court because the rental unit is located within the territorial jurisdiction of this Court.

3.3 The amount in controversy for any money judgment sought herein is within this Court's monetary jurisdiction.

4. DESCRIPTION OF PREMISES AND TENANCY

4.1 Rental unit address: [________________________________], [CITY], Delaware [ZIP] (the "Premises").

4.2 Type of unit: ☐ Single-family dwelling ☐ Multi-family unit ☐ Apartment in [____]-unit building ☐ Mobile-home dwelling (NOT a manufactured-home lot — see Practice Notes) ☐ Other: [____]

4.3 Rental agreement. Landlord and Tenant entered into a written rental agreement dated [__/__/____] (the "Lease"), a true and correct copy of which is attached as Exhibit A. [If oral, plead: "The rental agreement is an oral month-to-month tenancy commencing [__/__/____]."]

4.4 Term: ☐ Fixed-term ending [__/__/____] ☐ Month-to-month ☐ Other: [____]

4.5 Monthly rent: $[__________] per month, due on the [____] day of each month.

4.6 Security deposit held: $[__________], held in escrow account at [BANK NAME] in compliance with 25 Del. C. § 5514.

4.7 Rental Code Summary required by 25 Del. C. § 5118 was delivered to Tenant on [__/__/____]. (Attach proof if available.)

4.8 Disclosure of identity under 25 Del. C. § 5119 was provided to Tenant on [__/__/____].

5. PREDICATE NOTICE AND SERVICE

5.1 Type of notice given (check applicable):

☐ (a) 5-Day Notice to Pay Rent or Quit (25 Del. C. § 5502), dated [__/__/____], demanding $[__________] in unpaid rent. Cure deadline: [__/__/____]. Tenant failed to pay the demanded amount.

☐ (b) 7-Day Notice to Cure or Quit (25 Del. C. § 5513(a)), dated [__/__/____], specifying breach of [LEASE PROVISION / RULE]. Cure deadline: [__/__/____]. Tenant failed to cure.

☐ (c) Immediate Termination Notice (25 Del. C. § 5513(b)) for [imminent harm / tenant criminal conviction], dated [__/__/____].

☐ (d) 60-Day Notice of Termination (25 Del. C. § 5106(d) for month-to-month, OR § 5106(a) for fixed-term nonrenewal), dated [__/__/____]. Termination Date: [__/__/____]. Tenant remained in possession beyond the Termination Date.

5.2 Service of predicate notice. The notice was served on Tenant on [__/__/____] by [☐ personal delivery / ☐ posting and mailing / ☐ certified mail / ☐ first-class mail]. A true and correct copy of the notice and proof of service is attached as Exhibit B.

5.3 The cure period (or, in the case of a no-cause termination, the 60-day period) has expired and Tenant has failed to cure, pay, or vacate.

6. EVICTION DIVERSION PROGRAM COMPLIANCE

6.1 Landlord acknowledges the Residential Eviction Diversion Program required by 25 Del. C. § 5702A.

6.2 Landlord shall participate in the Program with Tenant, including any mediation conference scheduled by the Court, and shall file a Landlord's Affidavit of Participation before this matter is set for trial.

6.3 Landlord understands that, except where Tenant fails to engage within 15 days of service, the Court may not hold a trial until mediation is complete or has been waived under § 5702A.

6.4 Mediation must be completed at least 48 hours before the trial date.

7. COUNT I — SUMMARY POSSESSION (NON-PAYMENT OF RENT)

(Plead this count only if rent default is the basis. Otherwise omit.)

7.1 Landlord incorporates Sections 1-6 as though fully set forth.

7.2 Tenant is in default for non-payment of rent in the following amounts:

7.3 Landlord served a 5-Day Notice to Pay Rent or Quit on [__/__/____] in accordance with 25 Del. C. § 5502. The 5-day cure period has expired without payment.

7.4 Landlord has not accepted any post-suit payment without a written reservation of rights, as required by § 5502(c).

7.5 Landlord is entitled to summary possession of the Premises and a money judgment for unpaid rent, lawful late fees, and costs.

8. COUNT II — SUMMARY POSSESSION (BREACH OF COVENANT)

(Plead this count only if breach of rule/covenant is a basis. Otherwise omit.)

8.1 Landlord incorporates Sections 1-6 as though fully set forth.

8.2 Tenant breached the following material rule(s) and covenant(s) of the Lease:

• Lease Section [____]: [DESCRIPTION]
• House Rules / Addendum Section [____]: [DESCRIPTION]
• 25 Del. C. § [____] (if statutory): [DESCRIPTION]

8.3 The specific factual basis for the breach is:

[FACTS — date, time, location, conduct, witnesses]

8.4 Landlord served a 7-Day Notice to Cure or Quit on [__/__/____] in compliance with 25 Del. C. § 5513(a), substantially specifying the breach and advising Tenant of the consequences of failure to cure.

8.5 The 7-day cure period has expired without cure. The breach is material and the rule allegedly broken is reasonable under 25 Del. C. § 5512.

8.6 [If applicable: This is a "second-strike" breach under 25 Del. C. § 5513(d), substantially similar to the breach noticed on [__/__/____], and no further cure period is required.]

8.7 [If applicable: This is an immediate-termination breach under 25 Del. C. § 5513(b) by reason of (☐ imminent / irreparable harm / ☐ Tenant's conviction of [CRIME] under [STATUTE]).]

8.8 Landlord is entitled to summary possession of the Premises and a money judgment for damages, lawful charges, and costs.

9. COUNT III — SUMMARY POSSESSION (HOLDOVER / NO-CAUSE NONRENEWAL)

(Plead this count only if no-cause termination / holdover is a basis. Otherwise omit.)

9.1 Landlord incorporates Sections 1-6 as though fully set forth.

9.2 The tenancy was [☐ month-to-month / ☐ fixed-term expiring [__/__/____]].

9.3 Landlord served a 60-Day Notice of Termination on [__/__/____] in compliance with 25 Del. C. § 5106. The Termination Date was [__/__/____].

9.4 Tenant has remained in possession beyond the Termination Date and is a holdover tenant under 25 Del. C. § 5107.

9.5 Landlord has not accepted any rent for any period after the Termination Date, except as use-and-occupancy with written reservation of rights.

9.6 Landlord is entitled to summary possession of the Premises and a money judgment for use-and-occupancy at the rental rate, lawful charges, and costs.

10. COUNT IV — MONEY JUDGMENT FOR RENT, DAMAGES, AND COSTS

10.1 Landlord incorporates the foregoing Sections.

10.2 Landlord seeks a money judgment under 25 Del. C. § 5711 in the following amounts:

10.3 Pre-judgment and post-judgment interest are sought as permitted by law.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff Landlord respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

A. A Judgment for Possession of the Premises in favor of Landlord and against Tenant and All Other Occupants;

B. Issuance of a Writ of Possession under 25 Del. C. § 5715 directing the Constable to remove the Defendants from the Premises and restore possession to Landlord, after the 5-day appeal period expires (or upon expiration of any stay);

C. A money judgment in favor of Landlord and against Tenant in the amount of $[__________], comprising unpaid rent, use-and-occupancy, lawful late fees, damages, and costs;

D. Pre-judgment and post-judgment interest at the lawful rate;

E. Court costs and any statutorily-authorized fees; and

F. Such other and further relief as the Court deems just and proper.

12. VERIFICATION

STATE OF DELAWARE

COUNTY OF [____________________]

I, [LANDLORD / AGENT NAME], having personal knowledge of the facts set forth in the foregoing Complaint, being duly sworn according to law, depose and say that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [MONTH], 20[____].

[________________________________]

Notary Public / My commission expires: [__/__/____]

13. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[________________________________]

[ATTORNEY FULL NAME], Esq. (DE Bar No. [______])

[FIRM NAME]

[FIRM ADDRESS]

[CITY], DE [ZIP]

Telephone: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [LANDLORD NAME]

OR (if pro se):

[________________________________]

[LANDLORD NAME], pro se

[ADDRESS / PHONE / EMAIL]

REQUEST FOR JURY TRIAL (optional — rare in JP Court): ☐ Plaintiff demands trial by jury on all issues so triable.

14. EXHIBIT LIST

15. DELAWARE PRACTICE NOTES

A. Hearing timing. § 5704 directs that the trial date be set 5-30 days from filing. In practice, JP Court dockets often set hearings in 14-21 days, subject to Eviction Diversion Program scheduling.

B. Eviction Diversion Program is gating. Trial may not commence until the landlord has engaged in mediation, except where the tenant fails to engage within 15 days. File the Landlord's Affidavit of Participation promptly.

C. Service. JP Civil Rule 4 governs service. The Court Constable typically serves the summons and complaint by personal service or by posting + first-class mail. Track service carefully — failure of service is the most common cause of continuance.

D. Answer. In JP Court summary possession cases, no formal written answer is required. The tenant appears at the hearing and pleads orally (JP Civil Rule 12 and JP practice). However, written affirmative defenses are useful, especially counterclaims for security deposit (§ 5514), warranty of habitability (§ 5305), retaliation (§ 5516), or self-help damages (§ 5313).

E. Counterclaims. Tenants may assert counterclaims at the hearing, including for security-deposit double damages, treble self-help damages, and warranty-of-habitability rent abatement. Be prepared.

F. Trial. Bench trial unless jury demand asserted. Bring all witnesses and original documents. Adjournments capped at 10 days absent mutual consent (§ 5710).

G. Judgment. Under § 5711, judgment may include possession, rent, damages, and costs. Note: § 5111 generally bars contractual attorney-fee shifting in residential leases.

H. Writ of possession. § 5715. The Constable executes after the 5-day appeal window expires. Tenants are typically given 24 hours' notice of execution.

I. Appeal — 5-DAY WINDOW. § 5717 provides for either (a) trial de novo before a three-judge panel of JP Court justices, or (b) appeal to the Superior Court of the relevant county. The notice of appeal and any required undertaking bond must be filed within 5 days of judgment. This is unusually short — compute calendar days carefully.

J. Manufactured housing. 25 Del. C. ch. 70 (Manufactured Home Owners and Community Owners Act) governs manufactured-home lot rentals and provides JUST-CAUSE protections. Different forum may apply (manufactured-home rent disputes have a separate Rent Justification Procedure). DO NOT use this template for manufactured-home lot evictions.

K. Federal CARES Act / VAWA / SCRA. If the property is federally-financed (Section 8, LIHTC, public housing, etc.), the CARES Act 30-day notice (15 U.S.C. § 9058) and VAWA/SCRA protections may apply. Plead compliance.

L. Lead-based paint. For pre-1978 housing, federal LBP disclosure compliance (24 C.F.R. Part 35) and Delaware lead-safe certification (25 Del. C. ch. 54) compliance is a defense if not satisfied.

M. Wilmington, New Castle, Sussex local code. Local housing-code violations may bar possession claims if the unit is not in compliance.

16. SOURCES AND REFERENCES

• 25 Del. C. ch. 57 — Summary Possession (§§ 5701-5717): https://delcode.delaware.gov/title25/c057/index.html
• 25 Del. C. § 5702A — Residential Eviction Diversion Program: https://delcode.delaware.gov/title25/c057/index.html
• 25 Del. C. § 5502 — Failure to pay rent (5-day): https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5513 — Breach of rules and covenants (7-day): https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5106 — Term and termination (60-day): https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5107 — Holdover: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5118 — Rental Code Summary: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5119 — Disclosure of identity: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5111 — Attorneys' fee clauses unenforceable: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5305 — Warranty of habitability: https://delcode.delaware.gov/title25/c053/index.html
• 25 Del. C. § 5313 — Unlawful ouster: https://delcode.delaware.gov/title25/c053/index.html
• 25 Del. C. § 5514 — Security deposit: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5516 — Retaliation: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. ch. 54 — Lead-based paint: https://delcode.delaware.gov/title25/c054/index.html
• 25 Del. C. ch. 70 — Manufactured Home Owners and Community Owners Act: https://delcode.delaware.gov/title25/c070/index.html
• 6 Del. C. ch. 46 — Delaware Fair Housing Act: https://delcode.delaware.gov/title6/c046/index.html
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act: https://www.justice.gov/servicemembers
• 15 U.S.C. § 9058 — CARES Act 30-day notice (federally-backed mortgages): https://www.congress.gov/116/plaws/publ136/PLAW-116publ136.pdf
• Delaware JP Court Civil Rules: https://courts.delaware.gov/forms/download.aspx?id=39328
• Delaware JP Court — Landlord/Tenant: https://courts.delaware.gov/jpcourt/landlordtenant
• Delaware Courts — Landlord/Tenant Forms: https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Landlord/+Tenant
• Delaware Volunteer Legal Services: https://www.dvls.org
• Community Legal Aid Society, Inc.: https://www.declasi.org
• Legal Services Corporation of Delaware: https://www.lscd.com

END OF COMPLAINT