Delaware (DE) eviction guide
Quick answer
To evict a tenant in Delaware, serve the correct written notice first: 5 days for unpaid rent, 7 days for a lease violation, or 60 days to end a month-to-month tenancy. If the tenant does not comply, file a Summary Possession complaint at the Justice of the Peace Court and pay a filing fee of about $45. From first notice to lockout typically takes 4 to 8 weeks depending on the grounds and whether the tenant contests the case.
| Legal grounds | Nonpayment of rent, lease violation, holdover tenancy, illegal activity |
|---|---|
| Minimum notice | 5 days (nonpayment of rent) |
| Where to file | Justice of the Peace Court |
| Filing fee | About $45 |
| Typical timeframe | 4 to 8 weeks |
Required before filing for nonpayment of rent; tenant may stop eviction by paying in full within the 5-day window.
Used for lease violations; gives the tenant 7 days to fix the breach or face a Summary Possession complaint.
Issued when a lease violation also breaks a city, county, or state law; tenant gets no chance to cure and must vacate.
Required to end a month-to-month tenancy without cause; the 60-day period begins on the first day of the month following delivery of the notice.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Written Notice | Day 1 | Deliver the correct notice (5-day, 7-day, or 60-day) in writing to the tenant at the rental unit. |
| 2. Wait for the Notice Period to Expire | 5 to 60 days | Do not file in court until the full notice period passes and the tenant has neither paid, cured, nor vacated. |
| 3. File a Summary Possession Complaint | 1 to 2 days after notice expires | Submit the complaint at the local Justice of the Peace Court and pay the filing fee of about $45. |
| 4. Court Serves the Summons | Within about 5 days of filing | A constable or sheriff serves the tenant with the summons and complaint; the hearing is set 5 to 30 days from filing. |
| 5. Attend the Hearing | About 2 to 4 weeks after filing | Both parties present their case; if the landlord wins, the judge issues a judgment for possession. |
| 6. Receive the Writ of Possession and Schedule Lockout | 10 days after judgment | The court issues a Writ of Possession 10 days after judgment; a constable gives the tenant at least 24 hours notice and then removes them if they have not left. |
Filing a Summary Possession complaint at the Justice of the Peace Court costs about $45, plus constable fees for serving the summons (typically $25 to $50) and executing the writ of possession. Total out-of-pocket court costs typically run $75 to $150, not counting any attorney fees a landlord chooses to incur.
After a landlord wins, the Justice of the Peace Court issues a Writ of Possession no sooner than 10 days after the judgment. A Delaware constable (not the landlord) executes the writ, giving the tenant at least 24 hours notice to vacate before physically removing them between sunrise and sunset. Self-help eviction -- changing locks or removing belongings without a writ -- is illegal and exposes the landlord to a lawsuit for damages.
General information, not legal advice. Governing statute: Delaware Code Title 25, Chapter 55 (Tenant Obligations and Landlord Remedies) and Chapter 57 (Summary Possession). Self-help eviction is illegal everywhere; always follow the court process.
Delaware eviction FAQ
A straightforward uncontested eviction typically takes **4 to 6 weeks** from serving the first notice to lockout. Contested cases or those involving Delaware's mandatory **Residential Eviction Diversion Program** (mediation) can stretch to **8 weeks or longer**. The notice period alone is 5 to 60 days depending on the grounds.
Court filing costs about **$45** at the Justice of the Peace Court, plus roughly **$25 to $50** for constable service of the summons and additional constable fees to execute the writ. Total out-of-pocket costs are typically **$75 to $150** if the landlord handles the case without an attorney.
No. Delaware law requires a court order before a tenant can be removed. A landlord who changes the locks, shuts off utilities, or removes the tenant's belongings without a writ of possession is committing an illegal **self-help eviction** and can be sued for damages under Title 25.
The landlord must serve a written **5-day notice to pay or quit** before filing. If the tenant pays the full amount owed within those 5 days, the eviction cannot proceed. If they do not pay, the landlord may file a Summary Possession complaint the next day.
Yes. Delaware operates a **Residential Eviction Diversion Program** that gives tenants up to **15 days** after being served to participate in online mediation. The program can resolve cases without a full hearing, but landlords cannot skip it -- the court schedules it automatically for qualifying residential evictions.
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