title: "Delaware Eviction Defense - Complete LSC Packet with Forms"

state: "DE"

category: "Eviction Defense"

date: "2026-03-20"

price: "$67"

lsc_grade: true

version: "COMPLETE_WITH_FORMS"

Delaware Eviction Defense Packet — Complete with Court Forms

Jurist-Diction | Attorney-Drafted Legal Documents

This packet includes court-ready forms for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Delaware attorney or legal aid organization.

1. ELIGIBILITY CHECKER — DO YOU QUALIFY FOR EVICTION DEFENSE?

You may have legal defenses against eviction if ANY of these apply:

For All Tenants:

• [ ] Your landlord did not give you proper written notice before filing
• [ ] The eviction notice has wrong information (wrong address, wrong amount, wrong names)
• [ ] Your landlord is discriminating against you based on race, color, religion, sex, national origin, disability, or family status
• [ ] Your landlord accepted rent after giving you a notice to vacate

For Non-Payment of Rent:

• [ ] You paid all or part of the rent (bring proof)
• [ ] The amount claimed is wrong
• [ ] Your landlord refused your payment
• [ ] Your landlord is charging illegal late fees

For Lease Violations:

• [ ] You did not violate the lease
• [ ] The violation is minor or has been fixed
• [ ] Your landlord did not give you a chance to fix the problem

Landlord-Tenant Code Violations (All Delaware Tenants):

• [ ] Your landlord failed to make repairs affecting health or safety (25 Del. C. § 5308)
• [ ] Your landlord failed to return your security deposit or provide itemization (25 Del. C. § 5510)
• [ ] Your landlord is retaliating against you for complaining about conditions (25 Del. C. § 5514)
• [ ] Your landlord entered your home without proper notice (25 Del. C. § 5307)
• [ ] Your landlord failed to maintain essential services (heat, water, electricity)

Delaware Landlord-Tenant Code protections:

2. FORM 1: ANSWER TO SUMMARY POSSESSION ACTION (BLANK TEMPLATE)

> INSTRUCTIONS: Type or print neatly in black ink. Replace bracketed text [LIKE THIS] with your information. File with the Justice of the Peace Court Clerk before your hearing date. You may also file your answer at the hearing.

`

________________________________________________________________________________

STATE OF DELAWARE

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[LANDLORD'S NAME],

Plaintiff,

v.

[YOUR FULL NAME],

Defendant.

Justice of the Peace Court No. [COURT NUMBER]

Case No. [CASE NUMBER]

________________________________________________________________________________

ANSWER TO COMPLAINT FOR SUMMARY POSSESSION

________________________________________________________________________________

COMES NOW the Defendant, [YOUR FULL NAME], appearing pro se, and files this

Answer to the Complaint for Summary Possession filed in this matter, and

states as follows:

I. RESPONSE TO ALLEGATIONS

1. Defendant [ADMIT / DENY] that Defendant is in possession of the premises

located at [YOUR FULL ADDRESS], [CITY], Delaware [ZIP CODE].

1. Defendant [ADMIT / DENY] that Defendant owes rent in the amount claimed

by Plaintiff.

If DENY, the correct amount owed is $________.

1. Defendant [ADMIT / DENY] that Defendant violated the terms of the lease

as alleged by Plaintiff.

1. Defendant [ADMIT / DENY] that Plaintiff gave proper notice before filing

this action as required by 25 Del. C. § 5502.

II. AFFIRMATIVE DEFENSES

1. Defendant asserts the following defenses (check all that apply):

[ ] IMPROPER NOTICE — Plaintiff failed to give proper written notice

before filing this action as required by Delaware law. 25 Del. C. § 5502.

[ ] PAYMENT MADE — Defendant paid all or part of the rent claimed.

(See attached receipts/bank statements as Exhibit A.)

Amount paid: $________ on date: __________

[ ] LANDLORD BREACH — Plaintiff failed to maintain the premises in

habitable condition as required by 25 Del. C. § 5308.

(See attached photos and repair requests as Exhibit B.)

Describe conditions: ____________________________________________

[ ] RETALIATION — This eviction is retaliatory because Defendant

[DESCRIBE: complained about conditions / called code enforcement /

exercised legal rights] within 90 days before this action.

Protected under 25 Del. C. § 5514.

[ ] DISCRIMINATION — This eviction is discriminatory based on

[PROTECTED CLASS: race / color / religion / sex / national origin /

disability / family status].

[ ] ACCEPTANCE OF RENT — Plaintiff accepted rent after giving notice

to vacate, waiving the right to evict.

[ ] WRONGFUL AMOUNT — The amount claimed by Plaintiff is incorrect.

Landlord's calculations include improper charges.

[ ] SECURITY DEPOSIT VIOLATION — Plaintiff failed to return security

deposit or provide required itemization under 25 Del. C. § 5510.

[ ] OTHER: [DESCRIBE ANY OTHER DEFENSE]

________________________________________________________________

III. COUNTERCLAIM (Optional)

1. Defendant asserts the following counterclaims against Plaintiff

(check all that apply):

[ ] RETURN OF SECURITY DEPOSIT — Plaintiff wrongfully withheld

security deposit in the amount of $________. 25 Del. C. § 5510.

[ ] DAMAGES FOR UNINHABITABLE CONDITIONS — Plaintiff failed to

maintain premises in habitable condition as required by 25 Del. C.

§ 5308, causing damages in the amount of $________.

[ ] WRONGFUL EVICTION — Plaintiff's eviction attempt is wrongful,

causing damages in the amount of $________.

[ ] ILLEGAL ENTRY — Plaintiff entered premises without proper notice

in violation of 25 Del. C. § 5307, causing damages.

IV. REQUEST FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint for Summary Possession;

B. Deny Plaintiff's request for possession of the premises;

C. Award Defendant any counterclaim damages;

D. Award Defendant court costs;

E. Grant such other and further relief as is just and proper.

Respectfully submitted,

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, DE ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

________________________________________________________________________________

CERTIFICATE OF SERVICE

I, [YOUR FULL NAME], certify that on ____________________, I served a true

copy of this Answer on:

[PLAINTIFF'S NAME OR ATTORNEY]

[PLAINTIFF'S ADDRESS]

[CITY, STATE ZIP]

by [ ] First Class U.S. Mail [ ] Hand delivery.

_______________________________

[YOUR SIGNATURE]

________________________________________________________________________________

`

3. FORM 2: MOTION FOR CONTINUANCE (BLANK TEMPLATE)

> INSTRUCTIONS: Use this form if you need more time before your hearing. File with the Justice of the Peace Court Clerk as soon as possible. You may also request a continuance at the hearing.

`

________________________________________________________________________________

STATE OF DELAWARE

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[LANDLORD'S NAME],

Plaintiff,

v.

[YOUR FULL NAME],

Defendant.

Justice of the Peace Court No. [COURT NUMBER]

Case No. [CASE NUMBER]

________________________________________________________________________________

MOTION FOR CONTINUANCE

________________________________________________________________________________

COMES NOW the Defendant, [YOUR FULL NAME], and respectfully moves this

Honorable Court to continue the hearing currently scheduled for

[ORIGINAL HEARING DATE] at [TIME], and in support states as follows:

1. This case is scheduled for hearing on [ORIGINAL HEARING DATE] at [TIME]

in the Justice of the Peace Court No. [COURT NUMBER], located at

[COURT ADDRESS].

1. Defendant requests a continuance for the following reason(s):

[ ] I need more time to find an attorney.

[ ] I need more time to gather evidence (describe):

________________________________________________________________

[ ] I have a scheduling conflict (describe):

________________________________________________________________

[ ] I am waiting for documents from (describe):

________________________________________________________________

[ ] I need to arrange for witnesses to attend (describe):

________________________________________________________________

[ ] Other (describe):

________________________________________________________________

1. Defendant requests that the hearing be rescheduled to a date on or

after [PROPOSED NEW DATE].

1. This continuance is necessary to ensure Defendant has a fair opportunity

to present their case.

1. Defendant is not requesting this continuance for purposes of delay.

WHEREFORE, Defendant respectfully requests that this Court grant this

Motion for Continuance and reschedule the hearing.

Respectfully submitted,

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, DE ZIP CODE]

[YOUR PHONE NUMBER]

________________________________________________________________________________

CERTIFICATE OF SERVICE

I, [YOUR FULL NAME], certify that on ____________________, I served a true

copy of this Motion on:

[PLAINTIFF'S NAME OR ATTORNEY]

[PLAINTIFF'S ADDRESS]

[CITY, STATE ZIP]

by [ ] First Class U.S. Mail [ ] Hand delivery.

_______________________________

[YOUR SIGNATURE]

________________________________________________________________________________

`

4. STEP-BY-STEP FILING INSTRUCTIONS

1. Read the summons carefully — Write down your court date, time, and JP Court number. Do NOT miss this date.
2. Consider mediation — Call the JP Court immediately and ask about free landlord-tenant mediation. Voluntary and confidential.
3. Gather evidence — Lease, rent receipts/bank statements, texts/emails to landlord, dated photos of any problems, repair request copies, witness names.
4. Complete your Answer — Fill out FORM 1. Make 3 copies (court, landlord, yourself).
5. File your Answer — Take to the JP Court Clerk's office. No filing fee as a Defendant. Ask clerk to stamp your copies. Send one copy to landlord by certified mail.
6. Request continuance if needed — Complete FORM 2 and file as soon as possible if you need more time.
7. Attend your hearing — Arrive 30 minutes early. Check in with clerk. Present your defenses clearly, show your evidence, and ask for dismissal.
8. If you lose — You have 10 calendar days to appeal to the Court of Common Pleas. File a Notice of Appeal within 10 days. You may need to post a bond.

5. COURT INFORMATION BY COUNTY

Appeal Courts (10-day deadline):

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

6. FILING CHECKLIST

Before Going to Court

• [ ] I know my court date, time, and location
• [ ] I have read the Summons and Complaint carefully
• [ ] I have gathered my lease and all rent receipts
• [ ] I have taken photos of any problems
• [ ] I have copies of letters/texts to landlord
• [ ] I have completed my Answer form
• [ ] I have filed my Answer with the clerk (or will bring to hearing)
• [ ] I have sent a copy to my landlord
• [ ] I have considered mediation

At Court

• [ ] Bring photo ID
• [ ] Bring copy of Summons and Complaint
• [ ] Bring filed Answer (stamped copy)
• [ ] Bring all evidence organized in a folder
• [ ] Arrive 30 minutes early

If I Lose

• [ ] Note the 10-day appeal deadline
• [ ] File Notice of Appeal within 10 days (if appealing)
• [ ] Start packing and looking for new housing

Need help? Free legal aid at declasi.org — (302) 575-0660 (Wilmington) | (302) 674-8500 (Dover) | (302) 856-0038 (Georgetown).

7. CONTROLLING STATUTE CITATIONS

Delaware Landlord-Tenant Code

25 Delaware Code, Chapter 51 et seq.

Court Procedures

8. DISCLAIMER

IMPORTANT: This packet provides general information, form templates, and instructions for informational purposes only. It does not constitute legal advice.

• Jurist-Diction is not a law firm and cannot provide legal advice.
• These forms may not be appropriate for your specific situation.
• Laws change frequently. Verify current law before filing.
• If your case involves complex issues, consult a licensed Delaware attorney.

Last Updated: March 2026

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