25 Del. C. ch. 59 § 5902
Necessary parties defendant
Operative Text
(a) Petitioners shall join as defendants: (1) All parties duly disclosed to any of them in accordance with § 5105 of this title; and (2) All parties whose interest in the property is: a. A matter of public record; and b. Capable of being protected in this proceeding. (b) Petitioner shall not be prejudiced by a failure to join any other interested parties.
Section 5902 of Delaware's landlord-tenant code (25 Del. C. ch. 59) establishes which parties must be named as defendants in a rent-related petition. Specifically, a petitioner is required to include anyone who was properly disclosed under § 5105 of the same title, as well as anyone whose interest in the property is both publicly recorded and capable of being addressed in the proceeding. Importantly, if a petitioner fails to include other interested parties beyond those two categories, that omission does not count against the petitioner's case.
Plain English — not legal advice.
Under 25 Del. C. ch. 59 § 5902, property owners or managers who initiate a petition are generally expected to identify and name as defendants all parties disclosed through the § 5105 process and all parties with a publicly recorded, protectable interest in the property. Compliant operators typically conduct a title or public-records review before filing to ensure required parties are included. The provision does offer some protection in that failing to join parties outside those defined categories does not automatically harm the petitioner's position.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5902 of 25 Del. C. ch. 59 defines who must be brought into a proceeding as a defendant, which can affect whether a tenant's interests—or those of others with a stake in the property—are properly represented. If a tenant has a publicly recorded interest in the property that is capable of being addressed in the proceeding, the rule suggests that interest should be included. Tenants who believe their interests were overlooked in a petition may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law to understand what options may be available.
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