Representing Landlords Since 1995. Evicting a nonpaying or destructive tenant can be a trying, time-consuming, and costly endeavor—especially if you are unfamiliar with the Delaware Landlord Tenant Code and Justice of the Peace Court procedures.
Dedicated Legal Counsel & Eviction Representative for Delaware Rental Property Owners
Having been a "hands on" owner of rental properties since 1987 with over 30 years of courtroom trial experience, Attorney Kingery understands rental real estate from both a practical owner's perspective and a rigorous legal standpoint.
Eviction actions in Delaware are handled within the Justice of the Peace Court. The Court provides helpful resources, and Delaware law permits landlords to appear without counsel.
However, if there is an attorney representing the tenant, or if you are unaccustomed to trial procedure and strict evidentiary rules, you face a major disadvantage. Put an experienced courtroom advocate on your side.
Strict statutory compliance under Title 25 of the Delaware Landlord-Tenant Code is essential for every legal document you utilize.
Proactive legal management prevents costly disputes before they reach the courtroom. We counsel landlords on practical, legally compliant management procedures:
"I wish you the best with your rentals. If it looks as though you could use some experienced help, please don’t hesitate to call for your free initial consultation."
Operating in semi-retirement, my practice is focused exclusively on counseling rental real estate owners and representing them in summary possession and eviction lawsuits before the Delaware Justice of the Peace Court.
Unlike practitioners with purely theoretical knowledge, I have managed real estate investments since 1987 across residential condominiums, multi-family apartment communities, commercial units, and single-family rental homes.
Clark Kingery
Clark C. Kingery, Esq. • Attorney at Law
Direct answers regarding Delaware eviction procedures, JP Court litigation, and statutory compliance under Title 25.
Delaware law does not mandate that an individual landlord hire an attorney to file an eviction in the Justice of the Peace (JP) Court. However, proceeding unrepresented carries high risk. If a tenant is represented by an attorney or legal aid, or if strict court rules of evidence and statutory notice requirements are violated, unrepresented landlords face severe disadvantages that frequently result in dismissed actions, monetary penalties, and prolonged tenant nonpayment.
Under Title 25 of the Delaware Code, an eviction for nonpayment of rent must begin with a formal written demand known as a 5-day letter. The notice must specify the exact amount of rent due, clearly inform the tenant that nonpayment within five business days allows the landlord to terminate the lease and initiate a Summary Possession action, and be served using authorized statutory delivery methods. Defective notices restart the entire timeline.
No. Self-help evictions are explicitly illegal in the State of Delaware. If a landlord terminates electrical service, changes the locks, or removes belongings without a formal court judgment and Sheriff/Constable eviction writ, the tenant may sue the landlord for unlawful exclusion, statutory damages, and attorney's fees under the Delaware Landlord-Tenant Code.
A Complaint for Summary Possession is the official lawsuit filed in Delaware Justice of the Peace Court by a landlord to legally recover possession of rental real estate and seek money damages for unpaid rent. The complaint must plead specific statutory elements and attach all requisite notices. Omissions can lead to dismissal of the action by the presiding judge.
Don't navigate complex Delaware eviction proceedings alone. Get over three decades of courtroom trial experience and hands-on real estate knowledge on your side.