Delaware § 5702 - Grounds for summary proceeding.

Full text of Delaware Delaware Code § 5702 — Grounds for summary proceeding., with citation guidance and answers to common questions.

§ 5702. Grounds for summary proceeding.

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.

70 Del. Laws, c. 513, §  4;  74 Del. Laws, c. 35, §  3;  79 Del. Laws, c. 65, §  3;  84 Del. Laws, c. 494, § 3; 

Frequently Asked Questions About Delaware § 5702

What does Delaware Code § 5702 cover?

Section 5702 ("Grounds for summary proceeding.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Delaware § 5702?

A common citation format is "Delaware Code § 5702" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Delaware law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.

How does Delaware § 5702 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.