25 Del. C. ch. 57 § 5705
Service and filing of notice
Operative Text
(a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard. (b) The notice and complaint, together with proof of service thereof, shall be filed with the court before which the complaint is to be heard prior to the hearing, and in no event later than 5 days after service. If service has been made by certified or registered mail, the return receipt, signed, refused or unclaimed, shall be proof of service. (c) Service of the notice and complaint may be made in any manner consistent with either § 5704 or § 5706 of this title.
Under 25 Del. C. ch. 57 § 5705, when a housing complaint is filed, the notice of hearing and the complaint must be served on the relevant party no fewer than 5 days and no more than 30 days before the scheduled hearing date. After service is completed, the notice, complaint, and proof of service must be filed with the court before the hearing and no later than 5 days after service. When certified or registered mail is used, the return receipt—whether signed, refused, or unclaimed—serves as valid proof of service.
Plain English — not legal advice.
Property owners and managers involved in a complaint proceeding under 25 Del. C. ch. 57 § 5705 generally ensure that all required documents, including the notice of hearing and complaint, are served within the prescribed window of 5 to 30 days before the hearing. Compliant operators also file those documents along with proof of service with the appropriate court before the hearing and within 5 days of completing service. Keeping careful records of delivery—such as certified mail receipts—helps demonstrate that the timing and method requirements of § 5705 have been met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 57 § 5705, tenants have a right to receive proper notice of any complaint hearing within a defined timeframe—at least 5 days but no more than 30 days before the hearing. If a tenant believes they were not served correctly or that the filing deadlines were not followed, that procedural issue may be raised as part of the court proceeding. Tenant-rights organizations in Delaware can help individuals understand whether the notice and service requirements of § 5705 were properly followed in their situation.
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 In
Rules and statutes that cite this regulation