25 Del. C. ch. 57 § 5701
Jurisdiction and venue
Operative Text
An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located. In the event that more than 1 Justice of the Peace Court in a county hears civil cases, then an action shall be maintained in the Justice of the Peace Court that possesses territorial jurisdiction over the area in which the premises or commercial unit is located. For purposes of this chapter, the term “rental agreement” shall include a lease for a commercial rental unit.
Section 5701 of Delaware's landlord-tenant code establishes which court has authority to hear eviction (summary possession) cases. Such actions must be filed in the Justice of the Peace Court that handles civil matters in the county where the rental property sits; if multiple Justice of the Peace Courts in that county hear civil cases, the one with territorial jurisdiction over the specific property location is the proper venue. The section also clarifies that the term 'rental agreement' covers leases for commercial rental units, bringing commercial tenancies within the chapter's scope.
Plain English — not legal advice.
Under 25 Del. C. § 5701, a landlord or property manager initiating a summary possession action generally files in the Justice of the Peace Court that covers civil cases for the county and specific geographic area where the property is located. Operators managing commercial rental units should be aware that the chapter's rules—including this venue requirement—apply to their leases just as they do to residential agreements. Filing in the wrong court can result in procedural delays, so compliant operators confirm the correct territorial jurisdiction before submitting any action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5701 of Title 25 gives tenants a basis to verify that any summary possession action against them has been filed in the proper Justice of the Peace Court—specifically, the one with civil jurisdiction over the area where the rental unit is located. If a case appears to have been filed in the wrong court, that procedural issue may be raised as part of the court proceedings. Tenants, including those in commercial rental arrangements, can consult a tenant-rights organization or legal aid office to understand how venue rules under § 5701 might apply to 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