25 Del. C. ch. 57 § 5708
Additional contents of certain complaints
Operative Text
If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant’s use and enjoyment of the rental unit, the complaint shall, in addition to the requirements of the foregoing section: (1) Set forth the rule or provision of the rental agreement allegedly breached, together with the date the rule was made known to the tenant and a copy of the rule or provision as initially provided to the tenant and the manner in which such rule or provision was made known to the tenant; (2) Allege with specificity the facts constituting a breach of the rule or provision of the rental agreement and that notice or warning as required by law was given to the tenant; (3) Set forth the facts constituting a continued or recurrent violation of the rule or provision of the rental agreement; (4) Set forth the purpose served by the rule or provision of the rental agreement allegedly breached; and (5) Allege that where the rule is not a part of the rental agreement or any other agreement of the landlord and tenant at the time of the formation of the rental agreement, that it does not work a substantial modification of the tenant’s bargain or, if it does, that the tenant consented knowingly in writing to the rule.
Delaware law under 25 Del. C. ch. 57 § 5708 sets out specific requirements for eviction complaints filed when a landlord claims a tenant violated a lease rule or obligation related to use and enjoyment of the rental unit. The complaint must include the exact rule allegedly broken, when and how it was communicated to the tenant, specific facts describing the breach, evidence that proper notice was given, and a showing that any violation was ongoing or repeated. If the rule was added after the lease was formed, the complaint must also address whether it materially changed the tenant's original agreement and, if so, whether the tenant gave written consent.
Plain English — not legal advice.
Landlords pursuing possession under 25 Del. C. ch. 57 § 5708 on grounds of a lease-rule violation generally maintain thorough documentation of every rule included in or added to a rental agreement, including the date each rule was communicated to the tenant and the method of delivery. Compliant operators keep records showing that required notices or warnings were issued before filing, and that any alleged violation was continuing or recurring rather than a single isolated incident. When a rule was introduced after the original lease was signed, operators typically document whether the rule materially altered the tenant's bargain and, if so, secure the tenant's knowing written consent before relying on that rule as grounds for a complaint.
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 § 5708, tenants facing eviction based on an alleged lease-rule violation have the right to expect that the landlord's complaint meets strict procedural requirements, including specific factual allegations, proof that the rule was properly communicated, and evidence that required warnings were given. If a rule was added after the original lease was signed and substantially changed the tenant's agreement, the complaint must show the tenant knowingly consented in writing — a requirement tenants may be able to raise as a defense if it was not met. Tenants who believe a complaint filed against them fails to satisfy these requirements may wish to review the complaint carefully, consult a tenant-rights organization familiar with Delaware law, or explore available defenses through the court process.
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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