Short answer: The Delaware eviction process for unpaid rent starts with a written demand giving you at least 7 days to pay under 25 Del. C. § 5502, followed by a summary possession case in the Justice of the Peace Court. Even after you lose, the right of redemption in § 5716A lets you keep your home by paying all past-due amounts set by the court, plus costs and fees, at any time before the eviction is actually carried out.
Delaware’s distinctive feature is how many chances it gives a tenant to pay. A landlord may not refuse rent paid before filing, may not continue a case once all rent is paid after filing, and must stop the constable if you redeem before the lockout. Add a mandatory eviction diversion program, a free-lawyer program for eligible tenants, and records shielding, and the Delaware eviction process looks very different from its neighbors’. Each step below comes from the Residential Landlord-Tenant Code, Title 25, Part III.
Delaware Eviction Process at a Glance
| Rule | Delaware | Statute |
|---|---|---|
| Earliest rent demand | After the 5-day window before late fees may be charged | §§ 5501(d), 5502(a) |
| Rent demand period | At least 7 days to pay | § 5502(a) |
| Lease violation | At least 7 days to fix; a similar breach within 1 year can go straight to court | § 5513(a) |
| Irreparable harm | Immediate termination on notice | § 5513(b) |
| Ending a month-to-month tenancy | 60 days, counted from the first of the next month | § 5106(d) |
| Court and answer | Justice of the Peace Court; answer orally or in writing at the hearing | §§ 5701, 5709 |
| Appeal | Written request within 5 days for a 3-judge trial de novo | § 5717(a) |
| Writ of possession | At least 24 hours’ notice; executed sunrise to sunset | § 5715(b) |
| Illegal lockout | Greater of treble damages or 3 times per diem rent for each day excluded | § 5313 |
The Notice Stage
Rent: wait, then seven days
Under § 5501(d), a late charge cannot be imposed within five days of the due date. Section 5502(a) ties the rent demand to that window: only after the late-fee grace period has run may the landlord demand payment in writing, giving at least seven days from the date the notice was given or sent. If you are still in default after that, the landlord may sue for summary possession.
Two payment protections follow. Under § 5502(c), if you or someone on your behalf pays all rent due before the landlord files, the landlord cannot file for that nonpayment and may not refuse the payment. Under § 5502(d), if all rent due under the lease is paid after filing, the landlord may not maintain that action.
Rule and lease violations
For a breach of a material rule or covenant, § 5513(a) requires written notice naming the rule and allowing at least seven days to fix it. The notice must say it is given under § 5513 and warn that a substantially similar breach within one year can be grounds for court action without another chance. If the breach also violates a code or statute that binds tenants, the landlord may terminate.
Under § 5513(b), if your breach causes or threatens irreparable harm to a person or property, or you are convicted of a class A misdemeanor or felony during the tenancy that caused or threatened such harm, the landlord may terminate immediately upon notice and file.
No-fault endings
Delaware has no statewide just-cause requirement. Under § 5106, either side may end a month-to-month tenancy with at least 60 days’ written notice, and that period starts on the first day of the month after notice is received. A landlord may end a fixed-term lease at expiration with at least 60 days’ written notice before it ends.
Filing in the Justice of the Peace Court
Summary possession cases must be filed in the Justice of the Peace Court that hears civil cases in the county where the rental is located, under § 5701. When the complaint is filed, the court serves it on you with a notice of the hearing time and place, warning that if you fail to appear and defend, you may be barred from raising those defenses later (§ 5704).
Next comes a step unique to Delaware. The JP Court’s landlord-tenant page explains that landlord participation in the eviction diversion program is mandatory after filing, and the court will not hold a hearing until the landlord takes part, including any scheduled mediation conference, and files an affidavit of participation. The program runs online, offering direct negotiation, trained mediators and mediation conferences. You must register within 15 days after you are served, or the landlord is relieved of the obligation to participate.
Your Answer and Defenses
Delaware does not require a written answer before the hearing. Under § 5709, at the hearing you may answer orally or in writing, and your answer may include any legal or equitable defense or counterclaim within the court’s jurisdiction. Under § 5710, the court may adjourn the trial for up to 10 days, without both sides’ consent, if a party needs time to get witnesses or evidence.
- Payment. Rent paid before filing bars the case under § 5502(c); all rent paid after filing ends it under § 5502(d).
- Defective notice. A rent demand served too early or giving fewer than seven days, or a § 5513 notice missing the required language.
- Retaliation. Section 5516 presumes retaliation if the landlord files within 90 days after you complained in good faith about code violations, a government agency cited the unit, you became an officer of a tenants’ organization, or you pursued a legal remedy. A tenant who proves retaliation may recover three months’ rent or treble damages, whichever is greater, plus costs.
- Discrimination. Eviction because of a protected characteristic violates 42 U.S.C. § 3604.
Judgment and the Right of Redemption
The court enters a final judgment under § 5711. If the case was for nonpayment and the default arose from a good-faith dispute, § 5716 lets you stay proceedings by paying all rent due at judgment plus costs, or by filing an undertaking to pay them within 10 days.
The broader safety net is the right of redemption in § 5716A. In a nonpayment case, you may redeem by paying the landlord all past-due amounts as determined by the court, including all rent due under the lease, plus court-awarded costs and fees, at any time before the eviction is actually executed. The landlord must then notify the court and the constable or sheriff and try to stop the eviction, and the court must stay the writ. A check from a charity or government agency counts as your payment. If the writ has already been posted, you must also file a request to stay it.
The Writ of Possession
Under § 5715(a), the court may not issue a writ of possession until the time to appeal or move to vacate has expired. The writ goes to the constable or sheriff, who must give at least 24 hours’ notice to the people to be removed and execute it only between sunrise and sunset.
Under § 5715(e), anything left behind may be removed and stored for seven days at your expense. If you do not claim it and pay reasonable removal and storage costs within that time, it is deemed abandoned and the landlord may dispose of it without further notice.
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Appeals
Under § 5717(a), either side may request in writing, within five days after judgment, a trial de novo before three different justices of the peace, who must decide by majority vote within 15 days of the request. The request does not stop the eviction unless you file an undertaking, with whatever bond the court requires, promising to pay costs and all damages, including rent, accruing during the appeal.
Lockouts Are Illegal
Section 5313 says that if a landlord removes or excludes you without a valid court order, you may recover possession or end the lease. You may also recover treble your damages or three times the per diem rent for each day you were excluded, whichever is greater, plus court costs (but not attorney fees).
Worked Example: Keisha in Dover
Keisha rents a Dover townhouse for $1,400, due on Saturday, August 1, 2026. Because no late fee may be charged within five days, her landlord serves a written demand on Friday, August 7, giving her seven days, through Friday, August 14, to pay. If she or a charity pays the full $1,400 by then, the landlord cannot file.
She cannot pay, and the landlord files on Monday, August 17. Once served, she has 15 days to register for the diversion program, and no hearing can happen until her landlord takes part. Suppose the court enters judgment on Thursday, September 10: her written appeal request is due within five days, by Tuesday, September 15. Even if she skips the appeal, an emergency rental assistance check covering everything the court determined she owes, plus costs, would redeem the tenancy any time before the constable carries out the writ.
If the landlord had retaliated within 90 days of her code complaint, she could seek $4,200, three months’ rent, or treble damages if higher.
Delaware Eviction Timeline
| Stage | Fastest | More typical |
|---|---|---|
| Rent due to demand | About 6 days | 1 to 2 weeks |
| Demand period | 7 days | 7 to 10 days |
| Filing to hearing | After diversion is completed or the tenant fails to register within 15 days | 3 to 6 weeks |
| Judgment to writ | After the 5-day appeal period | 1 to 2 weeks |
| Writ to removal | 24 hours’ notice | Days to a week |
| Total | About 5 weeks | 6 to 10 weeks |
Statutory minimums drive the fastest column; the typical column is an estimate that depends on the diversion program and court calendars.
Free Lawyers and Shielded Records
The JP Court reports that Delaware’s SS1 for SB 1 created a right to representation, so income-eligible tenants facing eviction may get free legal help by calling 211. Under § 5720, the court must shield an eviction record if the complaint was withdrawn or dismissed, you won, you complied with a stipulated agreement, or five years have passed since a judgment you have satisfied with no similar judgments since. Learn more in how to seal an eviction record, and see the Delaware Courts’ landlord-tenant help page for more self-help resources.
Frequently Asked Questions
Can my Delaware landlord refuse rent once the demand period ends?
Not before filing. Section 5502(c) says the landlord may not refuse rent paid by you or on your behalf, and full payment before filing bars a nonpayment case. After filing, paying all rent due ends that action under § 5502(d).
Do I have to file a written answer in a Delaware eviction?
No. Under § 5709, you may answer orally or in writing at the hearing and raise any defense or counterclaim within the court’s jurisdiction.
What is the right of redemption?
Under § 5716A, in a nonpayment case you can keep your home by paying all past-due amounts the court determined, plus costs and fees, at any time before the eviction is executed. The court then stays the writ and vacates the judgment.
How long does the constable give me?
At least 24 hours’ notice under § 5715(b), and removal happens only between sunrise and sunset. Your belongings may be stored for seven days before they are treated as abandoned.
Can I get my eviction case hidden from landlords?
Yes, in many cases. Section 5720 requires shielding if you won, the case was withdrawn or dismissed, you complied with a stipulation, or five years have passed since a satisfied judgment.
If you receive a rent demand, count the seven days, line up rental assistance, and once you are served, register for the diversion program within 15 days and call 211 about free representation, or use the LSC legal help finder. This guide is general information, not legal advice. For deposit rules after you move, see Delaware security deposit law, and compare states on the eviction process by state hub or in how the eviction process works.
Sources
- 25 Del. C. Chapter 51 (§ 5106)
- 25 Del. C. Chapter 53 (§ 5313)
- 25 Del. C. Chapter 55 (§§ 5501, 5502, 5513, 5516)
- 25 Del. C. Chapter 57, Summary Possession (§§ 5701-5720)
- Delaware Justice of the Peace Court, Landlord/Tenant
- Delaware Courts, Landlord/Tenant Help
- 42 U.S.C. § 3604, Fair Housing Act
- Legal Services Corporation, Get Legal Help