The average cost of an eviction in Delaware for all filing, court, and service fees is $150; however, service fees may vary depending on the county. Cases can be filed in the Justice of the Peace Court.[ttip number=’1′ icon=’popover-balance’]
| Fee | Justice of the Peace |
| Initial Court Filing | $45 |
| Summons Service | ~$30 |
| Writ of Possession Issuance | $35 |
| Writ of Possession Service | $40 |
| Notice of Appeal (Optional) | $60 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Delaware, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Possession“)[ttip number=’2′ icon=’popover-balance’] with the court the following business day.
The filing fee for an initial Summary Possession is $45. Note, the initial court fee is applicable to all counties in Delaware.
2. Summons Service Fee
Once a Complaint is filed in Delaware, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a constable to deliver the Summons to the tenant.
The Summons service fee varies by county. For example, a constable in Kent County can charge $30 plus $5 for each additional tenant at the same address.
3. Writ of Possession Issuance Fee
In Delaware, if the court rules in favor of the landlord, the court shall issue a Writ of Possession. The writ is the tenant’s final notice to vacate the premises. The filing fee for a writ issuance is $35.
Once the writ is issued, the tenant will have 24 hours[ttip number=’3′ icon=’popover-balance’] to vacate the premises.
4. Writ of Possession Service Fee
If the court rules in favor of the landlord, the court shall issue a Writ of Possession to the sheriff or constable. The writ is the tenant’s final notice to vacate the premises.
A constable or sheriff must serve the Writ of Possession to the tenant and they may charge a service fee of $40.
5. Notice of Appeal Fee
If either party chooses to file an Appeal in Delaware, they may do so as long as the Notice of Appeal is filed within 5 calendar days of the judgment. The filing fee is $60.
Sources
- 1 25 DE Code § 5701. (2021)
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An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located.
- 2 25 DE Code § 5701 (2021)
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An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located.
- 3 25 DE Code §5715 (2021)
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(b) The officer to whom the writ of possession is directed and delivered shall give at least 24 hours’ notice to the person or persons to be removed and shall execute it between the hours of sunrise and sunset.
