10 Del. C. ch. 71 (partial) § 7108
Notice to interested parties
Operative Text
(a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is an owner or landlord, notice shall also be served by leaving a copy of the complaint at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the owner or landlord whose responsibility it is to accept such notice. If the owner or landlord is an artificial entity pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. Where the in personam defendant is a tenant, notice shall also be served by leaving a copy of the complaint at the person’s rental unit or usual place of abode with an adult person residing therein. After filing an affidavit that personal service cannot be had after due diligence on 1 or more in personam defendants, within 20 days after the filing of the complaint, the plaintiff may serve a copy of the complaint by registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the owner or landlord at the owner or landlord’s business address as set forth in the lease or as otherwise provided by the owner or landlord, or if the owner or landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business, or if the defendant is a tenant, to said tenant at the leased premises. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. The plaintiff shall also cause a copy of the complaint to be affixed conspicuously to the premises alleged to be the site of a nuisance. Service shall be deemed completed 5 days after filing with the court proof of such mailing and an affidavit that a copy of the complaint has been affixed to the premises. (b) All tenants or residents of any premises which is used in whole or in part as a business, home, residence or dwelling, other than transient guests of a guest house, hotel, or motel, who may be affected by any order issued pursuant to this chapter shall be provided such reasonable notice as shall be ordered by the court and shall be afforded opportunity to be heard at all hearings.
Section 7108 of Title 10, Chapter 71 of the Delaware Code establishes the rules for how legal notice must be delivered when a nuisance-abatement action is filed under this chapter. Depending on whether the party being notified is a landlord, a corporate entity, or a tenant, the law specifies distinct methods of personal service and, when personal service cannot be achieved after diligent effort, allows for certified mail or first-class mail as a fallback. A copy of the complaint must also be posted visibly on the property alleged to be a nuisance, and service is considered complete five days after proof of mailing and the posting affidavit are filed with the court. Additionally, all tenants or residents who may be affected by any court order under this chapter are entitled to reasonable notice and an opportunity to be heard.
Plain English — not legal advice.
Under § 7108, property owners and landlords named as defendants in a nuisance action under Chapter 71 can expect to receive formal notice at the address listed in the lease or otherwise provided to the tenant, either through personal service or, if personal service fails after due diligence, through registered, certified, or first-class mail. Operators who maintain current, accurate contact information in their leases and with tenants help ensure that service reaches the right person promptly. Landlords who are artificial entities—such as LLCs or corporations—should be aware that service may be made at their registered office or place of business in accordance with Supreme Court Rule 57.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7108 provides tenants with important procedural protections: when a nuisance complaint is filed that could affect a rental unit, tenants are entitled to receive notice and, under subsection (b), must be given a reasonable opportunity to be heard at all hearings before any court order is issued. Tenants who believe they have not been properly served, or who learn that a nuisance action has been filed affecting their home, may wish to consult a tenant-rights organization or legal aid provider to understand how this provision applies to their situation. Keeping track of any notices posted on the premises or delivered by mail can be important, since § 7108 treats certain mailed and posted notices as legally sufficient evidence of service.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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