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 and business address under 25 Del. C. § 5105 was provided in the written rental agreement or, for an oral agreement, in a written statement furnished on demand, as applicable.

5. PREDICATE NOTICE AND SERVICE

5.1 Type of notice given (check applicable):

☐ (a) Seven-Day Written Demand for Rent (25 Del. C. § 5502), given or sent on [__/__/____] after the late-fee waiting period, demanding $[__________] in unpaid rent and warning of a possible court action to terminate the agreement. Payment deadline: [__/__/____], at least seven days later. 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 [breach causing or threatening irreparable harm / tenant class A misdemeanor or felony conviction during the tenancy causing or threatening irreparable harm], dated [__/__/____].

☐ (d) 60-Day Notice of Termination (25 Del. C. § 5106(d) for month-to-month, OR § 5106(c) for fixed-term nonrenewal, subject to § 5512), dated [__/__/____]. Termination Date: [__/__/____]. Tenant remained in possession beyond the Termination Date.

5.2 Delivery of predicate notice. The notice was given or sent on [__/__/____] by [DESCRIBE METHOD AND ADDRESS]. A true and correct copy and available delivery proof are 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 under 25 Del. C. § 5702A. The § 5702A(c)(2) exceptions and the tenant-engagement condition below must be considered for this case.

6.2 Unless a statutory exception applies, Landlord will engage in mediation scheduled after filing and before trial. Court scheduling or participation information: [________________________________].

6.3 Landlord understands that trial may proceed without landlord mediation if Tenant fails to engage within 15 calendar days after service of process. Section 5702A(c)(2) also excepts proceedings under §§ 5115 or 5513(b) or (c) and cases meeting its substantial-harm showing.

6.4 When mediation is required, it must be scheduled and completed at least 48 hours before trial.

6.5 For any predicate notice described in § 5602(b)(1), Landlord provided the Coordinator-approved tenant legal-representation information required by § 5606 with that notice. Notice date and delivery proof: [________________________________].

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 gave or sent the written demand on [__/__/____], after the waiting period before late fees may be imposed, in accordance with 25 Del. C. § 5502. Its deadline, at least seven days later, expired while Tenant remained in default.

7.4 All rent due under the lease has not been paid since this action was initiated. See § 5502(d). Landlord has not refused rental payments by or on behalf of Tenant.

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: Tenant committed a substantially similar breach within 1 year of the notice given on [__/__/____]. Under 25 Del. C. § 5513(a)(1), Landlord relies on that earlier notice as grounds for this action. Describe both breaches and attach the earlier notice and proof of service: [________________________________].]

8.7 [If applicable: This is an immediate-termination breach under 25 Del. C. § 5513(b) because (☐ Tenant's breach caused or threatened irreparable harm to [PERSON/PROPERTY] / ☐ Tenant was convicted during the tenancy of a class A misdemeanor or felony that caused or threatened such harm). State facts and identify the notice to Tenant: [________________________________].]

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; the alleged summary-possession ground is 25 Del. C. § 5702(1).

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. Under § 5702A(c), mediation generally follows filing and must finish at least 48 hours before trial. A tenant's failure to engage within 15 calendar days after service allows trial to proceed; § 5702A(c)(2) supplies other exceptions. Preserve the court's scheduling and participation records.

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. Review — 5-DAY WINDOW. Under § 5717, an aggrieved party may request in writing, within 5 days after judgment, review before three other justices of the peace. A nonjury judgment receives a trial de novo; a jury judgment receives on-record review identifying the asserted legal errors. A request alone does not stay execution: the appellant must file the required undertaking or obtain applicable in forma pauperis relief. Confirm the court's deadline calculation and filing requirements promptly.

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, check applicable federal lead-disclosure requirements. Delaware's Chapter 54 lead certification and § 5704A complaint-documentation duties depend on implementation under 85 Del. Laws, c. 98, § 5(2). If implemented and applicable to this rental unit, attach the required compliance documentation; § 5704A(b) excepts a complaint based on the tenant's refusal of reasonable access for Chapter 54 compliance. Do not assume a missing certificate alone defeats possession.

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. §§ 5602, 5606 — Tenant legal representation and informational materials: https://delcode.delaware.gov/title25/c056/index.html
• 25 Del. C. ch. 54; § 5704A; 85 Del. Laws, c. 98, § 5(2) — Lead certification and implementation: https://delcode.delaware.gov/title25/c054/index.html ; https://legis.delaware.gov/SessionLaws?volume=85&chapter=98
• 25 Del. C. § 5502 — Failure to pay rent (seven-day demand): 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. § 5702(1) — Holdover after expiration: https://delcode.delaware.gov/title25/c057/index.html
• 25 Del. C. § 5118 — Rental Code Summary: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5105 — 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