Delaware Eviction Defense — Your Filing Guide

For: Residential tenants who received a Complaint for Summary Possession

Court: Justice of the Peace Court (Civil Division)

Document: Answer to Complaint for Summary Possession and Affirmative Defenses

What This Document Does

This Answer tells the court your side of the story before the hearing. It forces

your landlord to prove every element of their case and puts your defenses on

the record. Filing an Answer is the first and most important step in fighting

an eviction in Delaware.

**Without an Answer, the landlord may win by default — meaning the court rules

against you without ever hearing your side.**

When to Use This

Use the Answer to Complaint for Summary Possession if:

• You received a court Complaint (not just a notice to vacate — an actual court document)
• Your landlord is claiming non-payment of rent
• Your landlord failed to make repairs before filing
• Your landlord shut off utilities or failed to provide heat/hot water
• You believe the eviction is retaliatory or discriminatory

Know Your Delaware Rights

Delaware law (25 Del.C. Title 25) protects tenants in several key ways:

Landlord must give 5-day notice before suing.

Under 25 Del.C. § 5502, your landlord must give you written notice and at

least 5 days to pay before filing a court case. If they skipped this step,

the case must be dismissed.

You can withhold rent for unrepaired conditions.

Under 25 Del.C. § 5307, if your landlord fails to fix a problem within 30

days of written notice, you have the right to withhold rent or hire someone

to make the repair and deduct the cost.

Essential services failure = rent reduction.

Under 25 Del.C. § 5308, if your landlord fails to provide heat, hot water,

water, or electricity for 48+ hours after notice, you can keep 2/3 of your

daily rent for each day the service was out.

Lease terms cannot waive your rights.

Under 25 Del.C. § 5301, any lease clause that asks you to give up rights

under Delaware law is void and unenforceable. You cannot be tricked into

signing away legal protections.

Retaliatory eviction is illegal.

Under 25 Del.C. § 5516, your landlord cannot evict you because you complained

about housing conditions, called a housing inspector, or joined a tenant

organization. If the eviction was filed shortly after you made a complaint,

this may be a defense.

Before You File

Gather these items:

• [ ] Your lease or rental agreement (any version — handwritten is fine)
• [ ] All rent payment records: receipts, bank statements, money order stubs,

Venmo/Zelle history, text messages confirming payment

• [ ] Written notices you sent your landlord about repairs or problems
• [ ] The court Complaint and Summons you received (check the Answer deadline

printed on the Summons — usually 5 or 10 days)

• [ ] Photos or videos of repair problems, if you have them
• [ ] Any text messages or emails with your landlord
• [ ] Photo ID
• [ ] $35 filing fee in cash or money order

(If you cannot afford the fee, see "Fee Waiver" below)

Step-by-Step Filing

Step 1: Fill out the Answer form.

Complete every blank field. Write your actual address, dates, and facts. Use

the court document template provided with this guide.

Step 2: Make 3 copies.

Keep one for yourself. Bring two to the court.

Step 3: Go to the Justice of the Peace Court in your county.

• New Castle County: 2600 Pheasant Way, Wilmington, DE 19803 — (302) 255-0300
• Kent County: 480 Bank Lane, Dover, DE 19901 — (302) 739-4880
• Sussex County: 22883 DuPont Blvd., Georgetown, DE 19947 — (302) 856-5261

Hours: Monday–Friday, 8:00 AM – 4:30 PM

Step 4: Go to the Civil clerk window.

Tell them: "I need to file an Answer to a Summary Possession complaint."

Step 5: Pay the $35 filing fee.

The clerk will stamp all copies. Keep your stamped copy — it has your docket

number on it. Write that number down.

Fee Waiver: If you cannot afford $35, ask the clerk for an "In Forma Pauperis"

(IFP) application. There is no shame in requesting it — it exists for this reason.

Step 6: Serve the landlord.

Give or mail one copy of your filed Answer to your landlord or their attorney.

Keep a record of how and when you delivered it (certified mail with tracking

is best).

Step 7: Get your hearing date.

The clerk will give you or mail you a hearing date. Write it down in multiple

places. This date is not flexible — missing it means you lose by default.

At Your Hearing

Bring:

• Your stamped copy of the filed Answer
• Your lease
• All rent receipts and payment records
• Photos/documentation of any repair problems
• Any written notices you sent the landlord
• A list of the specific defenses you are raising (see the Answer form)

When the judge calls your case, say:

"Your Honor, I am [YOUR NAME], the Defendant. I filed an Answer to this

Complaint on [DATE], raising affirmative defenses. I request the opportunity

to present those defenses."

Stay calm. Stick to facts. Refer to your documents.

If the landlord's attorney objects to something, say: "I object. The relevant

statute is [CITE THE STATUTE FROM YOUR ANSWER]."

What Happens After Filing

If the judge rules in your favor: The eviction case is dismissed. Your

landlord must go through the proper process again (including proper notice)

before filing another action.

If the judge rules against you: You may have [5] days to appeal to the

Court of Common Pleas. Ask the clerk about the appeal process immediately.

If you reach an agreement: A written settlement agreement signed by both

parties and the judge will be entered as the order of the court. Get your copy.

Free Legal Help

You do not have to do this alone. Delaware has free legal aid for tenants:

For complete LSC packet with all forms and expanded legal aid directory, see:

de-eviction-defense-lsc-packet-complete.md

Community Legal Aid Society, Inc. (CLASI)

Phone: (302) 575-0408

Service Area: All three Delaware counties

Website: www.declasi.org

Delaware Volunteer Legal Services (DVLS)

Phone: (302) 478-8850 (New Castle)

Phone: (302) 678-4903 (Kent)

Phone: (302) 856-2323 (Sussex)

Website: www.dvls.org

Legal Services Corporation Referral

Phone: 1-800-521-1965

Website: www.lsc.gov/find-legal-aid

Delaware Courts Self-Help Resource Center

Website: courts.delaware.gov (search "self-help")

Disclaimer

This guide and the Answer form provided are templates for informational

purposes only. They do not constitute legal advice and do not create an

attorney-client relationship. Delaware law changes. Your facts are unique.

For legal advice specific to your situation, contact CLASI at (302) 575-0408

or another licensed attorney.

Jurist-Diction is not a law firm and does not provide legal advice.