DE-Specific Legal Documents

DE Eviction Defense Answer LSC Guide

Complete Delaware Eviction Defense Answer LSC Guide with Justice of the Peace Court filing procedures, tenant rights under 25 Del.C., affirmative defenses, and county-specific instructions.

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What's Included

Answer to Complaint for Summary Possession guide
Step-by-step filing instructions
Justice of the Peace Court procedures
5-day notice requirements (25 Del.C. §5502)
Rent withholding rights (25 Del.C. §5307)
Essential services failure remedies (25 Del.C. §5308)
Affirmative defenses checklist
New Castle County filing locations
Kent County filing locations
Sussex County filing locations
Fee waiver (In Forma Pauperis) guide
Legal aid resources

Delaware Legal Authority

  • •25 Del.C. Title 25 (Landlord-Tenant)
  • •25 Del.C. §5502 (Notice requirements)
  • •25 Del.C. §5307 (Withholding rent)
  • •25 Del.C. §5308 (Essential services)
  • •25 Del.C. §5301 (Rights unwaivable)
  • •DE Justice of the Peace Court rules

Frequently Asked Questions

How long do I have to answer?

DE requires 5-10 days to file an Answer after receiving the Summons. Check your Summons for the exact deadline.

What defenses can I raise?

Improper notice (no 5-day notice), habitability violations, essential services failure, retaliatory eviction, and discrimination.

What is the filing fee?

The filing fee is $35. Fee waivers (In Forma Pauperis) are available if you cannot afford the fee.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal advice, contact a licensed Delaware attorney or legal aid organization.

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