25 Del. C. ch. 57 § 5701B
Civil jurisdiction; bifurcated claims
Operative Text
Parties aggrieved in matters arising from a commercial lease in which summary possession is sought may split or bifurcate the cause of action and file an action for summary possession and also file a plenary action between the same parties over the same lease in another court. Such plenary actions must be commenced no later than 6 months after a final judgment is entered in the action for summary possession.
Under 25 Del. C. ch. 57 § 5701B, when a commercial lease dispute involves a request for summary possession, the parties involved are not required to resolve all related claims in a single proceeding. Instead, the law expressly permits the cause of action to be split, allowing a separate, more comprehensive (plenary) lawsuit between the same parties over the same lease to be filed in a different court. That plenary action must be initiated within six months of a final judgment being entered in the summary possession case.
Plain English — not legal advice.
Under § 5701B, commercial property owners pursuing summary possession do not forfeit their right to bring additional claims arising from the same lease in a separate court proceeding. Operators who intend to pursue damages or other relief beyond repossession of the premises generally track the date of final judgment in the summary possession action carefully, since the window to commence a plenary action closes six months after that judgment. Maintaining organized records of lease terms, payment histories, and court filings supports a timely and well-documented follow-on action if one is warranted.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5701B of Title 25 of the Delaware Code gives commercial tenants the same right to bifurcate claims, meaning a tenant who faces a summary possession action can also pursue separate legal claims against a landlord in another court over the same lease. The six-month deadline following final judgment in the possession case applies equally to both sides, so tenants with potential counterclaims or independent causes of action should be aware of that time frame. Tenants navigating these overlapping proceedings may benefit from consulting a tenant-rights organization or an attorney familiar with Delaware commercial landlord-tenant law.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation