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

state: "DE"

date: "2026-03-20"

price: "$67"

Delaware Eviction Defense Packet — Complete with Court Forms

Jurisdiction-correct document templates. Not legal advice.

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

• [ ] 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

• [ ] 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

• [ ] 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

• [ ] Your landlord failed to make repairs affecting health or safety (25 Del. C. § 5308)

File at: Delaware court finder: https://courts.delaware.gov/courts/

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.

6. FILING CHECKLIST

• [ ] 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
• [ ] Bring photo ID
• [ ] Bring copy of Summons and Complaint

LEGAL AID

• Community Legal Aid Society (CLASI): declasi.com · (302) 575-0400
• Delaware Volunteer Legal Services: dvls.org · (302) 478-8850
• Legal Services Corp of DE: lscd.org · (302) 654-5410
• DE Courts Self-Help: courts.delaware.gov/selfhelp

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]

________________________________________________________________________________

`

*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.

Verify current law before filing. For legal advice contact a licensed Delaware attorney or legal aid. jurist-diction.com*