✓ Law Verified June 2026
Facing eviction in Delaware? This guide explains the delaware eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Delaware law, verified as of June 2026.
In This Delaware Guide:
Delaware Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Delaware, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 5 days. Delaware landlords must serve a written 5-Day Notice to Pay or Quit. If the tenant pays all rent owed within those 5 days, the eviction cannot proceed. The notice must be delivered by personal service, posting at the unit, or certified mail under 25 Del. C. § 5502. |
| Lease violation | 7 days. Landlords must serve a 7-Day Notice to Cure or Vacate for lease violations such as unauthorized pets, occupants, or excessive noise. If the tenant fixes (cures) the violation within 7 days, the eviction stops. However, if the same material lease violation is repeated within 12 months, or if the violation also breaks a municipal, county, or state code, the landlord may issue a 7-day notice to vacate with NO right to cure. For violations causing or threatening irreparable harm to the property or other tenants, the landlord may require the tenant to vacate immediately with no cure period. |
| No-cause / end of tenancy | 60 days. For month-to-month tenancies, a Delaware landlord may terminate without cause by giving at least 60 days written notice under 25 Del. C. § 5106. The 60-day period begins on the first day of the month following the day the notice is actually delivered. For example, if notice is given on June 15, the 60 days start July 1. Fixed-term leases cannot be terminated without cause before the lease expires. |
| Holdover tenant | No additional notice is required for holdover tenants beyond the original lease expiration or termination notice. A holdover tenant is one who remains in possession after the rental agreement has expired or been terminated. The landlord may file a summary possession action directly. The holdover tenant may be liable for up to double the monthly rent, prorated daily, for each day they remain in possession without the landlord’s consent. |
| Tenant must respond within | Tenants are NOT required to file a written answer in Delaware summary possession cases. However, the tenant MUST appear in court at the time and place stated in the summons, or a default judgment will be entered against them. If a tenant chooses to file a written answer, they may do so before the hearing. The critical deadline is appearing at the hearing itself. |
| Realistic total timeline | 30 to 60 days for nonpayment cases. This breaks down as: 5 days for notice period, plus 5 to 30 days for hearing scheduling, plus potential mediation time through the Eviction Diversion Program, plus 10 days after judgment before the writ issues, plus several days for the constable to execute the writ. For no-cause terminations of month-to-month tenancies, add the 60-day notice period at the front, making the total realistic timeline 90 to 120 days. Contested cases, appeals, or mediation delays can extend timelines further. |
How the Eviction Lawsuit Is Filed in Delaware
The landlord files a Summary Possession complaint in the Justice of the Peace Court, which handles all residential eviction cases in Delaware. The filing fee is approximately 45, which includes service of the summons on the tenant by the court.
The landlord must file in the Justice of the Peace Court district where the rental property is located. The complaint must state the grounds for eviction and attach proof that the required notice was served.
Hearing timeline: The court schedules the hearing between 5 and 30 days after the complaint is filed. The tenant must be served with the summons at least 5 days before the hearing date and no more than 30 days before.
Delaware also has a mandatory Residential Eviction Diversion Program requiring landlords and tenants to participate in mediation before a court hearing can proceed, which may add additional time to the process.
Writ of possession / lockout: 10 days. The court will not issue a Writ of Possession until 10 days after the date of the judgment. This 10-day waiting period gives the tenant time to appeal or seek reconsideration. After the writ is issued, the constable or sheriff will execute the writ and physically remove the tenant if they have not voluntarily vacated.
Tenant Defenses Against Eviction in Delaware
Depending on your situation, you may be able to raise defenses such as:
- Delaware tenants may raise several defenses in eviction proceedings. (1) Improper notice: the landlord failed to serve the correct notice type
- gave insufficient days
- or did not follow proper service methods required by 25 Del. C. § 5513. (2) Retaliation: eviction filed within 90 days of the tenant complaining about habitability
- reporting code violations
- or organizing tenants is presumptively retaliatory under Delaware law. (3) Habitability: the landlord failed to maintain the unit in habitable condition or did not make requested repairs within 15 days of written notice from the tenant. (4) Discrimination: eviction motivated by race
- color
- national origin
- religion
- sex
- familial status
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In Delaware, a landlord cannot evict you without a court order. Delaware law strictly prohibits self-help evictions. A landlord CANNOT: (1) Change the locks or otherwise lock the tenant out of the rental unit without a court order (25 Del. C. § 5517).
(2) Shut off utilities (water, electric, gas, heat) to force the tenant to leave (25 Del. C. § 5518). (3) Remove the tenant’s personal property or belongings from the unit without a court order. (4) Use physical force or threats to remove a tenant.
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(5) Remove doors or windows to make the unit uninhabitable. Only a constable or sheriff with a valid Writ of Possession issued by the Justice of the Peace Court may physically remove a tenant. If a landlord performs an illegal self-help eviction, the tenant may be entitled to triple damages (three times actual damages) or the daily rental amount for each day they were wrongfully excluded, whichever is greater, plus court costs and reasonable attorney fees.
Free legal help: Delaware tenants facing eviction may qualify for free legal representation. In 2023, Delaware passed a Right to Legal Representation in Evictions law, giving eligible low-income tenants (household income at or below 200% of the federal poverty guidelines) access to free attorneys in eviction and housing subsidy termination cases. Free legal help is provided by: Community Legal Aid Society, Inc.
(CLASI) — New Castle County (302) 575-0660, Kent County (302) 674-8500, Sussex County (302) 856-0038; Delaware Volunteer Legal Services (DVLS); and Legal Services Corporation of Delaware (LSCD). Tenants can also visit Delaware Legal Help Link at delegalhelplink.org for referrals. The Justice of the Peace Court also offers a free Residential Eviction Diversion Program with mediation services.
Other Delaware eviction rules: (1) Mandatory Eviction Diversion Program: Delaware requires participation in the Residential Eviction Diversion Program, which provides mediation services before a court hearing can proceed. This program offers direct negotiation and neutral mediators to help landlords and tenants explore resolution. (2) Right to Counsel: Delaware is one of the few states with a legislated right to free legal representation for qualifying low-income tenants in eviction proceedings.
(3) Double rent for holdovers: a tenant who holds over without consent may be liable for up to double the monthly rent, prorated daily.
(4) The 60-day no-cause notice period starts on the first day of the month AFTER the notice is delivered, not from the date of delivery itself. (5) Delaware uses the term Summary Possession rather than unlawful detainer or forcible entry and detainer. (6) For repeated lease violations (same material violation within 12 months), the landlord may issue a 7-day notice to vacate with no right to cure.
(7) Landlords must make repairs within 15 days of receiving written notice from tenants; failure to do so may give tenants remedies including rent withholding.
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Official Delaware Sources & Resources
- Delaware Courts / Judiciary: https://courts.delaware.gov/jpcourt/landlordtenant.aspx
- Delaware Eviction Statute: https://delcode.delaware.gov/title25/c057/index.html
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Delaware Eviction Process
The Delaware eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Delaware eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Delaware eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Delaware eviction process.
This Delaware eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.