25 Del. C. ch. 57 § 5702
Grounds for summary proceeding
Operative 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 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.
Section 5702 of Title 25 of the Delaware Code sets out the specific circumstances under which a landlord may initiate a summary possession proceeding — a legal action to recover rental property — against a tenant. These grounds include situations such as a tenant remaining after a lease expires, failing to pay rent, breaching lease obligations, or being convicted of certain crimes during the tenancy. Additional grounds address unique situations like employer-provided housing, foreclosure sales, fire or casualty damage requiring repairs, wrongful ouster of a rightful tenant, and the death of a sole tenant. The provision applies to residential, commercial, and manufactured home lot rentals, though some grounds are specific to particular rental types.
Plain English — not legal advice.
Under 25 Del. C. § 5702, Delaware property owners and managers generally maintain documentation that clearly establishes which ground for summary possession applies before initiating any legal action. Compliant operators typically keep records of lease terms, rent payment histories, written notices, and any relevant criminal convictions or employment terminations that may trigger one of the enumerated grounds. Because the statute lists specific and distinct grounds — each with its own factual requirements, such as the 30-day or 15-day holdover periods for employee-tenants — operators generally ensure that the facts of a given situation align with at least one stated ground before filing a summary possession action in court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. § 5702, a landlord in Delaware may only pursue a summary possession action based on one of the specific grounds listed in the statute, meaning a tenant facing such a proceeding has the right to examine whether the landlord's claim actually fits within those enumerated categories. If a landlord cannot demonstrate that the situation falls under a recognized ground — such as nonpayment of rent, lease expiration, or another listed basis — that may serve as a defense in the proceeding. Tenants who believe a summary possession action has been filed improperly may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law for general information about available options.
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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