How to Evict a Tenant in Delaware: Laws, Process, and Timeline
Delaware Eviction Timeline 2026: A 7-Day Rent Notice and a Right to Redeem by Paying Before the Writ Is Executed, With Two Limits
The Delaware Residential Landlord-Tenant Code, 25 Del. C. § 5101 et seq., governs eviction statewide, and the summary possession case runs under chapter 57 of Title 25. This page covers the lawsuit itself: notice, filing, mediation, the hearing, the writ.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | At least 7 days, in a written demand the landlord can send once the late-fee grace period has passed | 25 Del. C. § 5502(a) | Yes — paying all rent due before filing bars the case, paying after filing ends it, and before the eviction is carried out the tenant can redeem by paying what the court determines is owed plus court-awarded costs and fees (§§ 5502(c)-(d), 5716A(b)(1)); redemption is not available to a tenant with 2 non-payment possession judgments in the 18 months before the case was filed, and after the writ has been posted a request to stay it must also be filed with the court (§ 5716A(b)(6), (b)(3)a.) |
| Breach of a material rule or lease covenant, first instance | At least 7 days to correct the breach | 25 Del. C. § 5513(a) | Yes — by correcting it within the notice period |
| Substantially similar breach within 1 year of that notice | No new notice — if the first notice stated it was given under § 5513, the landlord can rely on it to file for summary possession | 25 Del. C. § 5513(a)(1) | No |
| Breach causing or threatening irreparable harm to any person or property, or a conviction during the tenancy for a class A misdemeanor or felony that caused or threatened such harm | No waiting period — the landlord can end the lease immediately on notice to the tenant and file; the landlord may also fix the breach without notice and bill the tenant | 25 Del. C. § 5513(b); § 5702(9) | No |
| No-cause, month-to-month | 60 days, running from the first of the month following the notice | 25 Del. C. § 5106(d) | N/A |
The irreparable-harm ground is the quickest one in the table, but it still isn’t notice-free: § 5513(b) lets the landlord skip notice only to repair the damage and bill the tenant, while terminating the lease happens “immediately … upon notice to the tenant.” It is also among the cases a landlord can keep out of the eviction diversion program: § 5702A(c)(2) doesn’t require the landlord to mediate a § 5513(b) case. The 60-day no-cause figure isn’t a flat countdown from the notice date either — under § 5106(d) it starts on the first day of the month after the tenant actually receives notice, which can add extra days depending on when in the month the notice goes out.
The Court Process
- File. Once notice has run, the landlord files a complaint for possession (§ 5704(a)), attaching a copy of any written notice the claim is based on (§ 5707(4)).
- Serve. The court issues process and has the complaint served with a notice of the hearing’s time and place (§ 5704(b)), at least 5 and no more than 30 days before the hearing (§ 5705(a)). If personal service fails, the papers can be left with a resident or employee at the unit, then posted and mailed (§ 5706).
- Mediation. Unless one of the § 5702A(c)(2) exemptions applies, the case goes to the Justice of the Peace Court’s residential eviction diversion program between filing and trial, and mediation must be finished at least 48 hours before the trial date; trial can’t start until the landlord has taken part, unless the tenant fails to engage within 15 calendar days after service (§ 5702A(c)(1)).
- Hearing. The court can adjourn the trial for up to 10 days to let a party get witnesses or evidence, or longer only if all parties agree (§ 5710).
- Judgment. The court enters final judgment and awards the successful party its costs (§ 5711(a)).
- Appeal. A party who loses a nonjury trial can request a trial de novo in writing within 5 days after judgment, before a panel of 3 other justices of the peace (§ 5717(a)); after a jury trial the 5-day request is for a review on the record (§ 5717(c)). The request stops enforcement only if, at the time of making it, the appealing party files an undertaking, with whatever bond or other assurance the court requires, to pay the costs awarded against it, abide the court’s order, and pay all damages, including rent, accruing while the appeal is pending (§ 5717(a), (c)). A party who can’t pay can instead apply to appeal in forma pauperis, by an affidavit that it is unable to pay the costs or give security; if the court grants that status, it may waive the filing fee and the bond for the appeal or for a request to stay the writ (§§ 5717(e), 5718). The court won’t issue the writ during the 5-day appeal period; after that, it may issue the writ at the landlord’s request if the tenant has appealed but filed neither a bond or other assurance nor an in forma pauperis request to stay the writ (§ 5717(d)).
- Writ of possession. The court issues the writ to the constable or sheriff once the time for an appeal or a motion to vacate has run, and the landlord has to notify the constable to act on it (§ 5715(a), (c)).
- Removal. The officer gives at least 24 hours’ notice and executes the writ between sunrise and sunset (§ 5715(b)).
What This Costs
Confirm the current filing and service fees with the Justice of the Peace Court clerk before filing.
What a Landlord Cannot Do
A tenant removed or kept out by the landlord without a valid court order may recover possession or end the lease, and can also collect three times the damages or three times the per diem rent for the days locked out, whichever is greater, plus court costs (25 Del. C. § 5313). If the landlord substantially fails to supply hot water, heat, water or electricity for 48 hours after notice, § 5308 lets the tenant end the lease on written notice or keep two-thirds of the per diem rent while the service is out. Retaliation is barred under § 5516: if the tenant proves the landlord filed for possession, raised rent, or cut services within 90 days of a good-faith code complaint, a government code notice, a tenants’ organization role, or the tenant pursuing a legal right, that conduct is presumed retaliatory (§ 5516(c)). The landlord can still defend on the grounds listed in § 5516(d), such as a notice ending a periodic tenancy that was given before the tenant’s complaint.
Frequently Asked Questions
Does every Delaware eviction ground require advance notice? Not a waiting period, no. For irreparable harm there’s no waiting period, though termination still comes with notice: the landlord can end the lease immediately upon notice to the tenant and file for summary possession. A repeat of a substantially similar breach within a year doesn’t need a new notice at all, because the landlord can rely on the first one.
Is Delaware’s 60-day no-cause notice a flat 60 days from when it’s given? Not exactly — the 60-day period runs from the first day of the month following the notice, so the real gap between serving notice and the termination date can run longer than 60 days depending on the date it’s served.
Can a Delaware tenant stop a non-payment eviction by paying? Yes. Paying all rent due before the landlord files means the case can’t be brought (§ 5502(c)); paying all rent due under the lease after filing means the landlord may not maintain the nonpayment case (§ 5502(d)); and § 5716A gives a right of redemption up to the actual execution of the eviction order, by paying all past-due amounts as the court determines, including rent due under the lease and court-awarded costs and fees. That right has two limits: it doesn’t apply to a tenant who has had 2 non-payment possession judgments entered in the 18 months before this case was filed, counting judgments later vacated after redemption (§ 5716A(b)(6)), and if payment comes after the writ has been posted, the tenant must file a request with the court to stay the writ (§ 5716A(b)(3)a.). The landlord can’t refuse the payment, though after judgment it can require a certified check or money order.