Delaware § 5702 Grounds for summary proceeding

Delaware Statutes

§ 5702 — Grounds for summary proceeding

Delaware § 5702

Title25

PartResidential Landlord-Tenant Code

Ch. 57SUMMARY POSSESSION

This text of Delaware § 5702 (Grounds for summary proceeding) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 5702 (2026).

Text

Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because:

(1)The tenant unlawfully continues in possession of any part of the premises after the expiration of the rental agreement without the permission of the landlord or, where a new tenant is entitled to possession, without the permission of the new tenant;

(2)The tenant has wrongfully failed to pay the agreed rent;

(3)The tenant has wrongfully deducted money from the agreed rent;

(4)The tenant has breached a lawful obligation relating to the tenant’s use of the premises;

(5)The housing was supplied to the tenant employee by the landlord as part of the compensation for labor or services and 1 of the following has occurred: a. The tenant employee’s empl

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Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because:

(1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the rental agreement without the permission of the landlord or, where a new tenant is entitled to possession, without the permission of the new tenant;

(2) The tenant has wrongfully failed to pay the agreed rent;

(3) The tenant has wrongfully deducted money from the agreed rent;

(4) The tenant has breached a lawful obligation relating to the tenant’s use of the premises;

(5) The housing was supplied to the tenant employee by the landlord as part of the compensation for labor or services and 1 of the following has occurred:

a. The tenant employee’s employment has been terminated and the tenant employee holds over for more than 30 days after dismissal.

b. The tenant employee’s employment has been terminated for cause and the tenant-employee holds over for more than 15 days after dismissal.

(6) The tenant holds over for more than 5 days after the property has been duly sold upon the foreclosure of a mortgage and the title has been duly perfected;

(7) The rightful tenant of the rental unit has been wrongfully ousted;

(8) The tenant refuses to yield possession of the rental unit rendered partially or wholly unusable by fire or casualty, and the landlord requires possession for the purpose of effecting repairs of the damage;

(9) The tenant is convicted of a class A misdemeanor or any felony during the term of tenancy which caused or threatened to cause irreparable harm to any person or property;

(10) A rental agreement for a commercial rental unit provides grounds for an action for summary possession to be maintained;

(11) Or, if, and only if, it pertains to manufactured home lots, for any of the grounds set forth in the Manufactured Home Owners and Community Owners Act, as amended; or

(12) The tenant who is the sole tenant under the rental agreement has died and become the deceased sole tenant under the residential rental agreement.