🏛️ Courthouse Information and Locations for Delaware
Delaware Eviction Laws: Notice Requirements, Process, and Timelines
Delaware handles evictions through the Justice of the Peace Court, making it one of the more accessible court systems for landlords. For nonpayment of rent, landlords must provide a 5-day notice to pay or quit, giving tenants a short window to cure. Lease violations require a 7-day notice. Delaware’s process is relatively straightforward and landlord-friendly, with cases typically moving quickly through the courts. Below you’ll find the key details every Delaware landlord needs to know.
Delaware Eviction Laws
Comprehensive guide to Delaware's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice of the Peace Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Tenant has right to pay rent owed plus filing costs before the court hearing to dismiss the case. Delaware requires landlord to be current on property code compliance before evicting.
📋 Lease Violation
Repeated same violation within 12 months may allow immediate termination without cure period.
📬 Service of Process
Constable handles service for JP Court.
🏛️ Court & Legal Information
Court scheduling in New Castle County can be slower. Continuances commonly granted.
⚖️ Appeals & Post-Judgment
Constable executes writ. Landlord changes locks after.
📦 Tenant Property & Abandonment
Landlord must store for reasonable period (7 days). Must provide notice to tenant.
🏦 Security Deposits
Must return within 20 days. Failure to return results in double deposit penalty.
💵 Late Fees
Cannot charge until rent is 5+ days late. Capped at 5% of monthly rent.
🛡️ Tenant Protections
No rent control laws in Delaware
🏙️ Local Overrides & City-Specific Rules
No significant local overrides
Underground Landlord📝 Delaware Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice of the Peace Court. Pay the filing fee (~$45).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Delaware
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Delaware Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: This is general educational information, not legal advice. Delaware eviction rules can vary by facts, lease terms, and Justice of the Peace Court (JP Court) procedures. If you need guidance for a specific case, consult a qualified Delaware landlord-tenant attorney or your local JP Court clerk.
Overview: How Eviction Works in Delaware
Most Delaware residential evictions are filed as a summary possession case in the Justice of the Peace Court. The goal of a summary possession case is possession of the rental unit. Landlords can also pursue a money judgment for rent and damages, but the “possession” part is the core eviction track.
Delaware does not allow “self-help” evictions. Landlords cannot lock out a tenant, shut off utilities, or remove belongings without a court order. Regaining possession generally happens after the court enters judgment and a writ of possession is issued and executed through the court process.
Grounds for Eviction (Most Common Reasons)
- Nonpayment of rent (rent is late and remains unpaid after the statutory notice)
- Lease violations (for example: unauthorized occupants, pets, or repeated rule violations)
- Holdover (tenant remains after the lease term ends or after proper termination of a periodic tenancy)
- Serious misconduct (in some cases, criminal conduct or substantial damage may justify expedited action)
Notices You Must Give Before Filing
Delaware is notice-driven. If you use the wrong notice (or serve it incorrectly), your case can be delayed or dismissed. The major notice buckets are:
- Nonpayment of rent: “5-day letter” (5 business days). Delaware’s residential landlord-tenant code allows a landlord to proceed toward summary possession if the tenant remains in default after the statutory notice period. In everyday Delaware practice, landlords commonly serve a written five-business-day notice to pay rent or face a filing for possession. Your notice should state the amount due, the rental period covered, and a clear deadline.
- Lease rule/term violations: commonly 7 days to cure for many violations. Delaware law provides a cure window for certain rule violations, with language advising the tenant that the landlord may terminate the rental agreement and bring a summary possession action if the violation continues after the notice period. If the tenant repeats a substantially similar breach within a defined window, the landlord may rely on the prior notice.
- Termination of a month-to-month tenancy: Delaware practice typically uses a longer written termination notice (often 60 days for many residential month-to-month situations), but the correct timing depends on the tenancy type and applicable code sections. If you are terminating “without cause,” confirm the statutory notice length that applies to your lease and the tenant’s situation.
Service tip: Whatever method you use (hand-delivery, posting per local rules, or mailing where permitted), keep a copy of the notice and proof of service. Delaware cases often turn on whether the notice was served correctly and whether the deadline was calculated correctly.
Delaware Summary Possession Timeline (Plain English)
Step 1 – Serve notice and wait out the statutory period. For nonpayment, this is commonly the five-business-day window. If the tenant pays in full during the notice period (and your lease does not allow otherwise), that usually ends the immediate eviction track.
Step 2 – File a summary possession complaint in JP Court. After you file, the court sets the case for hearing and handles service of the summons/complaint under its rules.
Step 3 – Attend the hearing and prove your case. Bring the lease, rent ledger, payment history, the notice(s), and proof of service. If you are claiming damages, bring photos, invoices, and move-in/move-out condition documentation.
Step 4 – Judgment and the post-judgment window. If the court enters judgment for possession, there is typically a short appeal window before the writ of possession may issue. Delaware court guidance emphasizes that certain writs are not issued during the appeal period.
Step 5 – Writ of possession and execution. If the tenant does not leave voluntarily after judgment and the relevant waiting period, the landlord requests the writ. Physical removal occurs through the court’s enforcement process, not through landlord action.
Eviction Diversion and “Case Management” Factors That Affect Timing
Delaware has emphasized eviction diversion approaches in recent years, including court-provided information and program referrals that may run alongside the court process. Even when the case continues moving, landlords should expect that programs or referrals can affect the practical timeline by adding communication steps, mediation options, or documentation requirements.
Tenant Defenses and Landlord Mistakes That Commonly Derail Cases
- Defective notice: wrong notice type, wrong deadline calculation, missing amounts owed, or unclear cure language.
- Payment accounting disputes: unclear ledgers, missing receipts, or inconsistent late fee handling.
- Habitability/repair issues: tenants may raise unresolved maintenance problems; keep repair logs, work orders, and photos.
- Retaliation/discrimination claims: inconsistent enforcement or timing right after a tenant complaint can create risk.
- Accepting rent after termination: taking payment at the wrong stage can undermine your “possession” claim if not handled correctly.
What’s “Up to Date” for Delaware Landlords and Tenants in 2025–January 2026
1) Expect continued emphasis on diversion resources. Delaware court materials highlight guidance for landlords and tenants on summary possession, including how cases are filed and defended, and how related programs may connect parties to assistance.
2) Post-pandemic assistance is more localized now. With major nationwide emergency rental assistance programs ended, help is more likely to come from local organizations, legal aid, and state/community programs. Practically, that means outcomes can depend heavily on whether the tenant can quickly access short-term funds or mediation.
Landlord Best-Practices Checklist (Fast, Practical)
- Use the correct notice and calculate deadlines carefully (business days vs calendar days matters).
- Keep a clean rent ledger with dates, amounts, and payment method.
- Document service of all notices and keep copies.
- Bring organized evidence to court: lease, notices, ledger, photos, repair records.
- Avoid self-help—wait for the writ and enforcement process.