The Delaware eviction process and corresponding laws shape how a landlord manages risk, handles conflict, and protects each rental property. Landlords deal with late payments, communication breakdowns, and sudden issues that can quickly escalate, so clear guidance helps cut through uncertainty.
This guide explains common eviction grounds, the steps in a typical legal timeline, and the protections found within Delaware’s landlord-tenant laws.
How Delaware Law Defines Eviction
An eviction in Delaware happens when a landlord files a summary possession case to recover a rental unit. Landlords follow strict procedures, serve the correct notices, and request a court Judgment for Possession before moving forward with removal.
Delaware places its eviction rules in Title 25 of the Delaware Code. Chapter 51 sets the core responsibilities that guide landlord and tenant conduct throughout the tenancy, and Chapter 57 outlines summary possession requirements.
Eviction With Just Cause
“Just cause” in Delaware means a landlord relies on a legally recognized reason to end a tenancy.
Landlords in Delaware can proceed with eviction when a tenant stops paying rent, breaches a material lease term, engages in illegal activity, or remains after the lease ends. A landlord serves the correct notice, waits the required period, and then files a summary possession case in court when the tenant refuses to correct the issue.
This structure gives landlords clear expectations and highlights the value of strong documentation. Detailed notices, dated records, and written explanations help show why the eviction started and how the landlord followed each step under Delaware law.
Applicable law: 25 Del. Code 5502, 25 Del. Code 5513
No-Fault Evictions
Delaware allows a landlord to end a fixed-term tenancy without just cause simply by letting the lease run its course. Delaware law does not require a landlord to renew a fixed-term lease, so the landlord may decline to renew it once the term ends. The written lease controls any notice requirements, and the landlord must follow those terms when choosing not to renew.
Delaware law allows a landlord to end a month-to-month tenancy without cause when the landlord gives at least 60 days written notice. The landlord does not need to explain the decision, and the tenancy ends once the full 60 days pass.
Applicable law: 25 Del. Code 5106
Grounds for Eviction in Delaware
Landlords in Delaware may rely on several legally recognized grounds when filing for eviction, including:
Non-Payment of Rent
Delaware gives a tenant a 5-day grace period after the rent due date, and the landlord may act if the tenant exceeds that window. When the tenant still has not paid by the end of those 5 days, the landlord can serve a 5-Day Notice to Pay or Quit. That notice gives the tenant 5 days to pay the full balance or leave the property.
This structure creates clear checkpoints for both sides and helps the landlord build a straightforward record for the court.
Applicable law: 25 Del. Code 5501, 25 Del. Code 5502
Lease Violations
A lease agreement sets the rules of the landlord-tenant relationship. When a tenant breaks those rules, a landlord in Delaware may start eviction proceedings. A detailed lease agreement sets clear expectations for both parties and reduces conflict when issues arise.
Common examples of lease violations include:
- A tenant installs a second full-size refrigerator in a small kitchen without permission, straining the electrical system and repeatedly tripping breakers.
- A tenant allows an unauthorized occupant to stay for more than 6 weeks, even after the landlord reminds the tenant of the lease’s occupancy limits.
- A tenant brings a large dog into a no-pet building and ignores written requests to remove the animal.
Delaware law requires a landlord to serve a 7-Day Notice to Correct for most curable violations, and the landlord may proceed with eviction when the tenant refuses to fix the problem. Clear communication and strong documentation help the landlord show exactly what happened and how the landlord responded under Delaware law.
Applicable law: 25 Del. Code 5513
Illegal Use of the Premises
Delaware law allows a landlord to move forward with eviction when a tenant engages in illegal activity on or within the rental property. Illegal activities include situations where a tenant runs an unlicensed drug operation out of a bedroom, hosts cash gambling nights in the basement, stores stolen auto parts in the garage, or sells controlled substances from the front porch. Illegal conduct creates safety risks, invites law enforcement involvement, and exposes the landlord to liability, so quick action becomes essential.
Delaware law also allows a landlord to serve a 7-Day Notice to Vacate when the tenant commits certain criminal acts or engages in behavior that threatens the health or safety of others on the property.
Applicable law: 25 Del. Code 5513
Tenant Actions that Threaten Health or Safety
Delaware law allows a landlord to act when a tenant creates a condition that threatens the health or safety of others on or around the property. These issues often involve hazards that endanger neighbors, increase the risk of property damage, or violate the basic standards expected in Delaware rental housing.
Common examples of health and safety violations in Delaware include:
- Blocking exits or hallways with flammable or oversized items.
- Removing or turning off smoke detectors or carbon monoxide alarms.
- Allowing garbage buildup that attracts pests or creates severe unsanitary conditions.
A landlord should document the hazard, serve the proper notice for dangerous conduct, and follow the steps required under Delaware’s warranty of habitability standards to protect the property and move the process forward.
Applicable law: 25 Del. Code 5513
Tenant is in a Month-to-Month Rental Contract
Delaware landlords do not need a specific reason to end a month-to-month rental agreement. When a landlord decides to end the tenancy, the landlord must give 60 days written notice along with a proper Notice to Terminate Tenancy. If the tenant remains past the 60-day deadline, the landlord can file an eviction case in court.
A clear written record, supported by a Delaware month-to-month rental agreement, helps the landlord demonstrate that they followed each step in accordance with Delaware law.
Applicable law: 25 Del. Code 5106
Step-by-Step Eviction Process in Delaware
Delaware requires a landlord to follow a clear legal path when removing a tenant from a rental unit. The eviction process involves several mandatory steps, and each step must comply with Delaware notice and filing requirements to remain valid.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
A Delaware landlord should start by identifying the exact reason for eviction, whether it involves unpaid rent, a lease violation, property damage, or illegal activity. Once the issue is clear, the landlord must serve the notice required by Delaware law for that specific problem. If the violation allows for a cure, the landlord gives the tenant time to fix the issue before proceeding to court.
Some violations do not allow any chance to cure. Repeat violations within 12 months, illegal drug activity, or conduct that causes irreparable harm fall into this category. In those situations, the landlord may act more quickly. The landlord must follow Delaware service rules by delivering the notice in person, leaving it with someone of suitable age at the unit, or posting and mailing it, depending on the situation.
Notice Forms & Timelines
- 5-Day Notice to Pay or Quit for nonpayment of rent.
- 7-Day Notice to Comply or Vacate for curable lease violations.
- 7-Day Notice to Vacate for repeat violations within 12 months.
- Immediate Notice to Vacate for conduct that causes irreparable harm or particular illegal drug activity.
- 60-Day Notice to Vacate for ending a month-to-month tenancy.
Applicable law: 25 Del. Code 5502, 25 Del. Code 5513
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends or the tenant refuses to cure a curable violation, the landlord will file a Complaint for Summary Possession in the Delaware Justice of the Peace Court. The landlord will attach proof of the notice, pay the required fee, and wait for the court to schedule the case.
Filing fees in Delaware usually range from $45 to $60, depending on the court location and any added service costs. After the landlord submits the complaint, the court clerk will issue a Summons, set the hearing date and time, and advance the case to the next stage of the eviction process.
Applicable law: 25 Del. Code 5702, 25 Del. Code 5513
3. Serve Court Summons Paperwork to the Tenant
Once the Delaware clerk sets the hearing date, the landlord will arrange for a constable or sheriff to serve the Summons and Complaint for Summary Possession on the tenant. The landlord will ensure the server completes the Proof of Service form to the court, which records the date, time, location, and method used to deliver the documents.
After receiving the Summons and Complaint, the tenant will decide how to respond and prepare to appear in court. Both the landlord and tenant will attend the hearing on the scheduled date, where the court will review the case and hear each side.
Applicable law: 25 Del. Code 5703
4. Attend the Eviction Hearing
On the hearing date, the landlord and tenant (or their legal representatives) will appear before the Delaware Justice of the Peace Court. Each side will explain its position, walk through the notice the landlord served, and address the specific grounds listed in the Complaint for Summary Possession.
The judge will review documents, payment records, photos, repair estimates, and any witness statements that support each party. The judge will ask questions, compare the evidence, and evaluate how each side presents the facts before moving the case to the next stage.
Applicable law: 25 Del. Code 5701
5. Court Reaches a Ruling
After both sides present their testimony, documents, and witness statements, the judge will review the whole record and reach a ruling. In Delaware, judgments often come the same day or shortly after the hearing, depending on the court’s schedule and the complexity of the case.
If the judge rules in favor of the tenant, the tenant will remain in the unit, and the landlord may pursue a separate claim for any unpaid rent. If the judge rules in favor of the landlord, the landlord will receive a Judgment for Possession and may request a Writ of Possession to regain the property.
Applicable law: 25 Del. Code 5711, 25 Del. Code 5717
6. Judge Issues a Writ of Possession
Once the judge issues a Writ of Possession to the landlord, the landlord can enlist a constable to remove the tenant if the tenant does not move out voluntarily. The writ creates one final deadline before the constable returns to complete the lockout.
The landlord will receive notice as soon as the Writ of Possession is issued, and the constable will set the enforcement date. Delaware law requires a short waiting period, which gives the tenant one last chance to vacate and return the unit.
Applicable law: 25 Del. Code 5715
7. Law Enforcement Executes the Writ of Possession
If the deadline in the Writ of Possession passes and the tenant still has not vacated the rental property, the constable or sheriff in Delaware will arrive to enforce the writ. The officer will give at least 24 hours’ notice, return between sunrise and sunset, and remove the tenant from the unit if they refuse to leave on their own.
After the constable restores possession, the landlord must comply with Delaware law regarding any belongings the tenant leaves behind. Delaware law allows the landlord to remove and store the items for up to 7 days at the tenant’s expense before disposing of them. The landlord must follow this timeline even after regaining possession, since the law controls how abandoned property must be handled.
Applicable law: 25 Del. Code 5715
Tenant Defense Against Eviction in Delaware
An eviction can disrupt a tenant’s entire life. A tenant may lose stable housing, struggle to secure a new rental, or experience work-related setbacks when stress becomes overwhelming. These potential consequences are serious, so tenants will seek any avenue to advocate for themselves throughout the process.
Tenants often protect their position by keeping organized payment records, saving every notice, and documenting repair problems in writing as soon as they appear. Even small habits, such as taking photos of unsafe conditions or confirming conversations by email, can strengthen a tenant’s defense and shape the court’s view of the situation.
Tenants who feel unable to manage the process on their own may seek legal support. Delaware tenants can contact Community Legal Aid Society, Inc., or use the Delaware Legal Help Link through the 211 system to find free or low-cost legal assistance.
Timelines to Expect
In Delaware, an eviction can be completed in 1 to 3 months, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session, and other various possible delays.
Below are the parts of the Delaware eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-60 Calendar Days |
| Court Issuing Summons | 5-30 Business Days |
| Court Serving Summons | 3-21 Business Days |
| Tenant Response Period | Not Required |
| Court Ruling | 3-21 Business Days |
| Court Serving Writ of Possession | 10 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of the Delaware Eviction Process
Typical Court Fees
The average cost of an eviction in Delaware for all filing, court, and service fees is $150. Service fees may vary by county.
| 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 |
Handle the Delaware Eviction Process Confidently
Eviction can be a stressful process for everyone involved. Thankfully, property management software gives landlords a simple way to store notices, track deadlines, and maintain accurate records throughout an eviction.
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Sources
- 1 25 DE Code §5502 (2020)
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(a) A landlord or the landlord’s agent may, any time after rent is due…demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated.
- 2 Del. Code tit. 25 § 5501(d)
- Source Link
Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent. A late charge is considered as additional rent for the purposes of this Code. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid. Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date.
- 3 25 DE Code §5106 (2020)
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(c) The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement…(d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice…
- 4 25 DE Code §5513 (2020)
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(a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.
- 5 25 DE Code §5513 (2020)
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(a)(3) …a material breach of…a municipal, county or state code, ordinance or statute… (b) When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm to any person or property…
- 6 Del. Code tit. 25 § 5113
- Source Link
(a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. (c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives: (1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or (2) Personal service by a special process-server appointed by the Court. - 7 Del. R. Civ. P. Super. Ct. 6(e)
- Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period.Source Link
- 8 Del. Code tit. 25 § 5606
- Source Link
A landlord, or housing authority as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representation under this chapter, and identifies available resources. The Coordinator shall prepare the informational materials in English, Spanish, and Haitian Creole. The informational materials must be provided by the landlord or housing authority at all of the following events:
(1) After [the effective date of Section 1 of this Act], on signing a written rental agreement or entering into a rental agreement that is oral. (2) On the first renewal or modification of a rental agreement occurring after [the effective date of Section 1 of this Act]. (3) When the landlord provides any of the notices under § 5602(b)(1) of this title. [i.e., eviction notices] (4) When a tenant receives notice of the termination of a housing subsidy. - 9 Del. Code tit. 25 § 5702A(c)
- Source Link
(1) Except as provided under paragraph (c)(2) of this section, after a landlord has filed an action for possession under this chapter, the case is to be scheduled for mediation. Mediation is to be scheduled during the period between filing and trial. A trial may not commence until the landlord has engaged in mediation, except in cases where a tenant fails to engage in mediation within 15 calendar days after service of process. Mediation must be scheduled and completed at least 48 hours before the trial date. A tenant’s failure to engage in or complete mediation may not delay the scheduling or commencement of trial. (2) A landlord may not be required to participate in the residential eviction diversion program in a proceeding under §§ 5115, 5513(b), or 5513(c) of this title, or where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused or threatens to cause substantial or irreparable harm to landlord’s or other tenant’s person or property. - 10 25 DE Code §5705 (2020)
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(a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard.
- 11 25 DE Code §5113 (2020)
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(a) …by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein…(b) …by registered or certified mail or first-class mail as evidenced by a certificate of mailing… (c) (1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or (2) Personal service by a special process-server…
- 12 25 DE Code §5712 (2020)
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(b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of Justices of the Peace Civil Rule 60(b), it shall grant the motion and permit the parties to elect a trial before a single judge or a jury trial.
- 13 25 DE Code §5710 (2020)
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At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties.
- 14 25 DE Code §5716 (2020)
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When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent…the tenant may stay all proceedings on such judgment by paying all rent due at the date of the judgment and the costs of the proceeding …within 10 days of the final judgment being rendered for the plaintiff…
- 15 25 DE Code §5715 (2020)
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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.
