reglab/housing_qa huggingface dataset:
25 DE Code § 5703. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5703. Who may maintain proceeding.

§ 5703. Who may maintain proceeding. The proceeding may be initiated by:  (1) The landlord; (2) The owner; (3) The tenant who has been wrongfully put out or kept out; (4) The next tenant of the premises, whose term has begun; or (5) The tenant.70 Del. Laws, c. 513, §  4;
25 DE Code § 5704. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5704. Commencement of action and notice of complaint.

§ 5704. Commencement of action and notice of complaint. (a) The proceeding shall be commenced by filing a complaint for possession with the court. (b) Upon commencement of an action, the court shall issue the process specified in the praecipe and shall cause service of the complaint on the defendant, together with a notice stating the time and place of the hearing. The notice shall further state that if the defendant shall fail at such time to appear and defend against the complaint, defendant may be precluded from afterwards raising any defense or a claim based on such defense in any other proceeding or action. (c) The party requesting the issuance of process may file a motion for the appointment of a special process server, consistent with Justice of the Peace Court Civil Rules. The party requesting the appointment of a special process server may prepare a form of order for signature by the clerk of court under the seal of the court. Blank forms for a motion for the appointment of a special process server and for an order appointing such a special process server shall be provided by the clerk of the court on request of the party. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5705. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5705. Service and filing of notice.

§ 5705. Service and filing of notice. (a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard. (b) The notice and complaint, together with proof of service thereof, shall be filed with the court before which the complaint is to be heard prior to the hearing, and in no event later than 5 days after service. If service has been made by certified or registered mail, the return receipt, signed, refused or unclaimed, shall be proof of service. (c) Service of the notice and complaint may be made in any manner consistent with either § 5704 or § 5706 of this title. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5706. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5706. Manner of service.

§ 5706. Manner of service. (a) Service of the notice of hearing and complaint shall be made in the same manner as personal service of a summons in an action. (b) If service cannot be made in such manner, it shall be made by leaving a copy of the notice and complaint personally with a person of suitable age and discretion who resides or is employed in the rental unit. (c) If no such person can be found after a reasonable effort, service may be made:  (1) Upon a natural person by affixing a copy of the notice and complaint upon a conspicuous part of the rental unit within 1 day thereafter, and by sending by either certified mail or first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, an additional copy of each document to the rental unit and to any other address known to the person seeking possession as reasonably chosen to give actual notice to the defendant; or (2) If defendant is an artificial entity, pursuant to Supreme Court Rule 57, by sending by certified mail or by sending by first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, within 1 day after affixation, additional copies of each document to the rental unit and to the principal place of business of such defendant, if known, or to any other place known to the party seeking possession as reasonably chosen to effect actual notice. (d) Service pursuant to this section shall be considered actual or statutory notice. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5707. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5707. Contents of complaint generally.

§ 5707. Contents of complaint generally. The complaint shall:  (1) State the interest of the plaintiff in the rental unit from which removal is sought; (2) State the defendant's interest in the rental unit and defendant's relationship to the petitioner with regard thereto; (3) Describe the rental unit from which removal is sought; (4) State the facts upon which the proceeding is based and attach a copy of any written notice of the basis of the claim as an exhibit to the complaint; and (5) State the relief sought which may include a judgment for rent due if the notice of complaint contains a conspicuous notice that such demand has been made.70 Del. Laws, c. 513, §  4;
25 DE Code § 5708. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5708. Additional contents of certain complaints.

§ 5708. Additional contents of certain complaints. If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant's use and enjoyment of the rental unit, the complaint shall, in addition to the requirements of the foregoing section:  (1) Set forth the rule or provision of the rental agreement allegedly breached, together with the date the rule was made known to the tenant and a copy of the rule or provision as initially provided to the tenant and the manner in which such rule or provision was made known to the tenant; (2) Allege with specificity the facts constituting a breach of the rule or provision of the rental agreement and that notice or warning as required by law was given to the tenant; (3) Set forth the facts constituting a continued or recurrent violation of the rule or provision of the rental agreement; (4) Set forth the purpose served by the rule or provision of the rental agreement allegedly breached; and (5) Allege that where the rule is not a part of the rental agreement or any other agreement of the landlord and tenant at the time of the formation of the rental agreement, that it does not work a substantial modification of the tenant's bargain or, if it does, that the tenant consented knowingly in writing to the rule.70 Del. Laws, c. 513, §  4;
25 DE Code § 5709. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5709. Answer.

§ 5709. Answer. At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing. If the answer is oral, the substance thereof shall be endorsed on the complaint. The answer may contain any legal or equitable defense or counter-claim, not to exceed the jurisdiction of the court. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5710. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5710. Trial.

§ 5710. Trial. Where triable issues of fact are raised, they shall be tried by the court. At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5711. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5711. Judgment.

§ 5711. Judgment. (a) The court shall enter a final judgment determining the rights of the parties. The judgment shall award to the successful party the costs of the proceeding. (b) The judgment shall not bar an action, proceeding or counterclaim commenced or interposed within 60 days of entry of judgment for affirmative equitable relief which was not sought by counterclaim in the proceeding because of the limited jurisdiction of the court. (c) If the proceeding is founded upon an allegation of forcible entry or forcible holding out, the court may award to the successful party a fixed sum as damages, in addition to the costs. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5712. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5712. Default judgment.

§ 5712. Default judgment. (a) No judgment for the plaintiff shall be entered unless the court is satisfied, upon competent proof, that the defendant has received actual notice of the proceeding or, having abandoned the rental unit, cannot be found within the jurisdiction of the court after the exercise of reasonable diligence. Posting and first-class mail, as evidenced by a certificate of mailing, is acceptable as actual notice for the purposes of a default judgment. (b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of Justices of the Peace Civil Rule 60(b), it shall grant the motion and permit the parties to elect a trial before a single judge or a jury trial. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5713. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5713. Jury trials.

§ 5713. Jury trials. (a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justice shall appoint 6 impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced. (b) The jury shall be sworn or affirmed that they will “faithfully and impartially try the cause pending between the said ________________ plaintiff and ________________ defendant and make a true and just report thereupon according to the evidence” and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in that party's absence. When the jury or any 4 of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report. (c) If any juror appointed fails to appear or serve throughout the trial the justice may supply a replacement by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared. (d) In all other cases, the justice shall hear the case and give judgment according to the right of the matter and the law of the land. (e) A Chief Magistrate shall have the authority to designate courts in each county which can accommodate a jury trial. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5714. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5714. Compelling attendance of jurors.

§ 5714. Compelling attendance of jurors. (a) In a proceeding under this chapter, the justice may require the attendance of the jurors the justice appoints, and may issue a summons under hand and seal to a constable for summoning them to appear before the court. (b) If any juror duly summoned fails to appear as required, or to be qualified and serve throughout the trial, the juror shall, unless the juror shows to the justice a sufficient excuse, be guilty of contempt and shall be fined $50 which shall be levied with costs by distress and sale of the juror's goods and chattels by virtue of a warrant by the justice. (c) The warrant shall be directed to a constable in the following manner:  ________________ County, ss. The State of Delaware.  To any constable, greeting:  Whereas, ________________ of ________________ has been adjudged by ________________, 1 of our justices of the peace, to be guilty of a contempt in making default after due summons as a juror in a case pending before said justice and has been ordered to pay a fine of $50 in pursuance of the act of assembly in such case provided, and Whereas, the said ________________ has neglected to pay the said sum, we therefore command you to levy the said sum of $50 with ________________ costs and your costs hereon by distress and sale of the goods and chattels of the said ________________ upon due notice given as upon other execution process. Witness the hand and seal of the said justice the __________ day of 20 ______ 70 Del. Laws, c. 513, §  4;
25 DE Code § 5716. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5716. Stay of proceedings by tenant; good faith dispute.

§ 5716. Stay of proceedings by tenant; good faith dispute. When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent and the default arose out of a good faith dispute, the tenant may stay all proceedings on such judgment by paying all rent due at the date of the judgment and the costs of the proceeding or by filing with the court an undertaking to the plaintiff, with such assurances as the court shall require, to the effect that defendant will pay such rent and costs within 10 days of the final judgment being rendered for the plaintiff. At the expiration of said period, the court shall issue a warrant of possession unless satisfactory proof of payment is produced by the tenant. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5718. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 57. Summary Possession|§ 5718. Proceedings in forma pauperis.

§ 5718. Proceedings in forma pauperis. Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affidavit that such person is unable to pay the costs or give security therefore. Such affidavit shall state the nature of the action or defense and the affiant's belief that the affiant is entitled to redress, and shall state sufficient facts from which the Court may make an objective determination of the petitioner's alleged indigence. The Court may, in its discretion, conduct a hearing on the question of indigence. In any action in which a claim for damages is asserted by a party seeking the benefit of this rule, the prothonotary shall, before entering a dismissal of the claim or satisfaction of any judgment entered therein, require payment of accrued court costs from any party for whose benefit this rule has been applied if said party has recovered a judgment in said proceedings or received any funds in settlement thereof. A party and such party's attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery. 70 Del. Laws, c. 513, §  4;
25 DE Code § 5901. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5901. Petition for receivership; grounds, notice and jurisdiction.

§ 5901. Petition for receivership; grounds, notice and jurisdiction. Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord:  (1) If the rental agreement, or any state or local statute, code, regulation or ordinance, places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities; (2) Any other conditions imminently dangerous to the life, health or safety of the tenant.25 Del. C. 1953, §  5901;  58 Del. Laws, c. 472, §  1;
25 DE Code § 5902. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5902. Necessary parties defendant.

§ 5902. Necessary parties defendant. (a) Petitioners shall join as defendants:  (1) All parties duly disclosed to any of them in accordance with § 5105 of this title; and (2) All parties whose interest in the property is:  a. A matter of public record; and b. Capable of being protected in this proceeding. (b) Petitioner shall not be prejudiced by a failure to join any other interested parties. 25 Del. C. 1953, §  5902;  58 Del. Laws, c. 472, §  1;
25 DE Code § 5903. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5903. Defenses.

§ 5903. Defenses. It shall be sufficient defense to this proceeding, if any defendant of record establishes that:  (1) The condition or conditions described in the petition do not exist at the time of trial; or (2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of his or their families or by other persons on the premises with his or their consent; or (3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.25 Del. C. 1953, §  5903;  58 Del. Laws, c. 472, §  1;
25 DE Code § 5904. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5904. Stay of judgment by defendant.

§ 5904. Stay of judgment by defendant. (a) If, after a trial, the Court shall determine that the petition should be granted, the Court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided, however, prior to the entry to judgment and appointment of a receiver, the owner or any mortgagee or lienor of record or other person having an interest in the property may apply to the Court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the Court, then the Court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the Court and requiring such person to report to the Court periodically on the progress of the work. The Court shall retain jurisdiction over the matter until the work is completed. (b) If, after the issuance of an order under the foregoing provision but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the court's order or that the person permitted to do the same is not proceeding with due diligence, the Court or the petitioners, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in the following subsection. (c) (1) If, upon a hearing authorized in the preceding subsection, the Court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the Court shall appoint a receiver as authorized herein. (2) Such judgment shall direct the receiver to apply the security posted to executing the powers and duties as described herein. (3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such judgment shall direct the receiver to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such judgment shall direct the receiver to return the excess to the person posting the security.25 Del. C. 1953, §  5904;  58 Del. Laws, c. 472, §  1;
25 DE Code § 5905. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5905. Receivership procedures.

§ 5905. Receivership procedures. The receiver shall be the Division of Consumer Protection of the State or its successor agency. (1) Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be paid to it and for the employment of a private contractor to correct the condition complained of in § 5901 of this title and found by the Court to exist. (2) If the receiver shall make such a finding, it shall file a copy of the finding with the recorder of deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists. (3) Upon completion of the aforesaid contractual work and full payment of the contractor, the receiver shall file a certification of such with the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien. (4) The receiver shall forthwith give notice to all lienholders of record. (5) If the receiver shall make a finding at such time or any other time that for any reason the appointment of a receiver is not appropriate, it shall be discharged upon notification of the Court and all interested parties and shall make legal distribution of any funds in its possession.25 Del. C. 1953, §  5905;  58 Del. Laws, c. 472, §  1;  69 Del. Laws, c. 291, §  98(c);
25 DE Code § 5906. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5906. Powers and duties of the receiver.

§ 5906. Powers and duties of the receiver. The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for the purposes of:  (1) Correcting the condition or conditions alleged in the petition; (2) Materially complying with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and surrounding grounds; (3) Paying all expenses reasonably necessary to the proper operation and management of the property including insurance, mortgage payments, taxes and assessments and fees for the services of the receiver and any agent he should hire; (4) Compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition; and (5) Paying the costs of the receivership proceeding.25 Del. C. 1953, §  5906;  58 Del. Laws, c. 472, §  1;