25 Del. C. ch. 57 § 5704
Commencement of action and notice of complaint
Operative Text
(a) The proceeding shall be commenced by filing a complaint for possession with the court. (b) Upon commencement of an action, the court shall issue the process specified in the praecipe and shall cause service of the complaint on the defendant, together with a notice stating the time and place of the hearing. The notice shall further state that if the defendant shall fail at such time to appear and defend against the complaint, defendant may be precluded from afterwards raising any defense or a claim based on such defense in any other proceeding or action. (c) The party requesting the issuance of process may file a motion for the appointment of a special process server, consistent with Justice of the Peace Court Civil Rules. The party requesting the appointment of a special process server may prepare a form of order for signature by the clerk of court under the seal of the court. Blank forms for a motion for the appointment of a special process server and for an order appointing such a special process server shall be provided by the clerk of the court on request of the party.
Section 5704 of Title 25 of the Delaware Code establishes the procedural steps for starting a court action for possession of a rental property. The process begins when a complaint is filed with the court, after which the court arranges for the defendant to be served with the complaint and a hearing notice. That notice must warn the defendant that failing to appear at the hearing could prevent them from raising certain defenses later in any other proceeding.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5704, a landlord initiating a possession action files a formal complaint with the court, which then handles service on the tenant. Compliant operators ensure the praecipe accurately specifies the process they are requesting, since the court issues process based on that document. If standard service methods are unavailable, § 5704(c) allows a party to request a special process server by filing a motion and, if desired, preparing a draft order for the clerk to sign.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5704 of Title 25 of the Delaware Code requires that when a landlord files a possession complaint, the court must serve the tenant with both the complaint and a notice of the hearing time and place. Critically, that notice warns that a tenant who does not appear may lose the ability to raise certain defenses in future proceedings, making attendance at the scheduled hearing significant. Tenants who receive such a notice may wish to consult a tenant-rights organization or legal aid provider to understand what defenses may be available to them.
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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