The notice of hearing and complaint must be served at least 5 and at most 30 days before the hearing. Contested facts are tried by the court, and a trial can be postponed no more than 10 days without everyone's consent.
$45 to file a landlord/tenant (summary possession) case in the Justice of the Peace Court. The court's fee page also lists $60 for an appeal to a 3-judge court and $40 for service of a writ of summary possession.
A tenant removed or excluded by the landlord without a court order may recover possession or terminate, plus treble damages or 3 times the per-diem rent for the time excluded, whichever is greater.
Yes. A landlord may not seek possession, raise rent, or cut services after a tenant's good-faith code complaint, a government code notice, tenant-organization activity, or pursuit of legal remedies. Acts within 90 days are presumed retaliatory. The tenant may recover 3 months' rent or treble damages.
A tenant who stays past termination without consent owes up to double the monthly rent, prorated daily, for each day of holdover, plus any further proven losses.
If the landlord fails for 48 hours after notice to provide hot water, heat, water or electricity, or a condition materially deprives the tenant of the benefit of the bargain, the tenant may give written notice and keep two-thirds of the daily rent while the service is not supplied, or terminate (25 Del. C. § 5308).
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