Delaware Code
25 Del. C. § 5701 (2026)
Jurisdiction and venue
✓ current as of May 2026
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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.
70 Del. Laws, c. 513, § 4; 76 Del. Laws, c. 250, § 1;