25 Del. C. ch. 57 § 5703
Who may maintain proceeding
Operative Text
The proceeding may be initiated by: (1) The landlord; (2) The owner; (3) The tenant who has been wrongfully put out or kept out; (4) The next tenant of the premises, whose term has begun; or (5) The tenant.
Under 25 Del. C. ch. 57 § 5703, a summary possession or related housing proceeding in Delaware may be started by several different parties: the landlord, the property owner, a tenant who has been wrongfully removed or excluded from the premises, the next tenant whose lease term has already begun, or the current tenant. The rule establishes who has legal standing to bring such a proceeding, ensuring that multiple parties with a legitimate interest in the property can seek relief through the courts. This provision does not determine the outcome of any proceeding — it simply defines who is eligible to initiate one.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5703, landlords and property owners are each independently recognized as parties who may initiate a summary possession proceeding in Delaware. Compliant operators generally understand that this standing exists alongside — not instead of — the rights of tenants to bring their own proceedings under the same provision. Property managers familiar with this rule typically ensure that any action they initiate is grounded in a legitimate basis, since tenants retain parallel rights to use the same procedural mechanism.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5703 of Title 25 of the Delaware Code explicitly recognizes tenants as parties who may initiate a housing proceeding, including tenants who have been wrongfully locked out or removed from their homes and incoming tenants whose lease term has already started. If a tenant believes they have been wrongfully excluded from a rental unit, this provision provides a legal avenue to seek relief through Delaware's court system. Tenants who believe their rights under § 5703 are at issue may wish to consult a tenant-rights organization or legal aid provider to understand the procedural options available to them.
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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