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Current as of January 01, 2026 | Updated by Findlaw Staff
If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant's use and enjoyment of the rental unit, the complaint shall, in addition to the requirements of the foregoing section:
(1) Set forth the rule or provision of the rental agreement allegedly breached, together with the date the rule was made known to the tenant and a copy of the rule or provision as initially provided to the tenant and the manner in which such rule or provision was made known to the tenant;
(2) Allege with specificity the facts constituting a breach of the rule or provision of the rental agreement and that notice or warning as required by law was given to the tenant;
(3) Set forth the facts constituting a continued or recurrent violation of the rule or provision of the rental agreement;
(4) Set forth the purpose served by the rule or provision of the rental agreement allegedly breached; and
(5) Allege that where the rule is not a part of the rental agreement or any other agreement of the landlord and tenant at the time of the formation of the rental agreement, that it does not work a substantial modification of the tenant's bargain or, if it does, that the tenant consented knowingly in writing to the rule.
Cite this article: FindLaw.com - Delaware Code Title 25. Property § 5708. Additional contents of certain complaints - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-5708/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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