Delaware Code Title 25 Sec. 5708 – Additional contents of certain complaints
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.
Terms Used In Delaware Code Title 25 Sec. 5708
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.