25 Del. C. ch. 51 § 5115
Application for a forthwith summons
Operative Text
Where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused substantial or irreparable harm to landlord’s person or property, or where the tenant alleges and by substantial evidence demonstrates to the Court that the landlord has caused substantial or irreparable harm to the tenant’s person or property, the Justice of the Peace Court shall issue a forthwith summons to expedite the Court’s consideration of the allegations.
Under 25 Del. C. ch. 51 § 5115, Delaware's Justice of the Peace Court has a mechanism to fast-track certain landlord-tenant disputes. When either a landlord or a tenant presents substantial evidence that the other party has caused serious or irreparable harm—to a person or to property—the court is required to issue a forthwith summons, meaning the case moves forward on an expedited schedule rather than through the ordinary court timeline. This provision applies symmetrically: either side of the rental relationship may invoke it when the harm alleged meets the required threshold.
Plain English — not legal advice.
Under 25 Del. C. ch. 51 § 5115, a landlord who believes a tenant has caused substantial or irreparable harm to persons or property may seek a forthwith summons from the Justice of the Peace Court to have the matter heard quickly. Operators who pursue this route are generally prepared to present substantial evidence—not merely allegations—to satisfy the court's threshold. Maintaining thorough documentation of property conditions, incidents, and communications is a practice commonly associated with being able to meet that evidentiary standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5115 of Title 25 of the Delaware Code gives tenants the same right as landlords to request an expedited forthwith summons from the Justice of the Peace Court when a landlord has caused substantial or irreparable harm to the tenant's person or property. To invoke this provision, a tenant would need to present substantial evidence of that harm to the court. Tenants seeking to understand how to gather and present such evidence, or to explore whether this provision applies to their circumstances, may find it useful to consult a tenant-rights organization or legal aid service in Delaware.
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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