How to Evict a Tenant in Delaware (2026)

The legal steps for landlords in Delaware — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.

Short answer: In Delaware a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.

Step 1: Have a legal reason and give the right notice

Unpaid rent	After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. Source: 25 Del. C. § 5502(a), (c)
Lease violation	Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. Source: 25 Del. C. § 5513
Ending a month-to-month tenancy (no fault)	Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. Source: 25 Del. C. § 5106(d)

Local rent-control or just-cause rules can limit evictions: No rent control or rent-increase cap in the Residential Landlord-Tenant Code. Rent increases take effect at renewal with 60 days' written notice.

Step 2: Write and deliver the notice correctly

What the notice must say	Written demand for the past-due rent, given only after the 5-day late-fee grace period, stating that unless payment is made within a stated time of at least 7 days after the notice is given or sent, the landlord may file a court action to terminate the rental agreement. Service: personally, by leaving a copy with an adult at the unit, by registered/certified mail or first-class mail with a certificate of mailing, by posting on the unit combined with a return receipt or certificate of mailing, or by a court-appointed special process server. The Coordinator-approved right-to-counsel information must be provided with the notice. Source: 25 Del. C. §§ 5502(a), 5113, 5606(3)
How it must be delivered	Any notice required by the Code may be: (1) served personally, or left at the tenant's unit or usual home with an adult who lives there (or, for the landlord, at the address in the lease, with an adult resident or an employee responsible for receiving notices); or (2) sent by registered, certified, or first-class mail with a certificate of mailing to the tenant at the rental unit. The signed, refused, or unclaimed return receipt, or the certificate of mailing, is prima facie proof of service. Alternatively, the notice may be posted on the unit together with a return receipt or certificate of mailing, or served by a court-appointed special process server. The general rule does not provide for email. Email or a portal is allowed for certain bed bug notices. Source: 25 Del. C. § 5113; § 5317

What the notice must say

Written demand for the past-due rent, given only after the 5-day late-fee grace period, stating that unless payment is made within a stated time of at least 7 days after the notice is given or sent, the landlord may file a court action to terminate the rental agreement. Service: personally, by leaving a copy with an adult at the unit, by registered/certified mail or first-class mail with a certificate of mailing, by posting on the unit combined with a return receipt or certificate of mailing, or by a court-appointed special process server. The Coordinator-approved right-to-counsel information must be provided with the notice.

Source: 25 Del. C. §§ 5502(a), 5113, 5606(3)

How it must be delivered

Any notice required by the Code may be: (1) served personally, or left at the tenant's unit or usual home with an adult who lives there (or, for the landlord, at the address in the lease, with an adult resident or an employee responsible for receiving notices); or (2) sent by registered, certified, or first-class mail with a certificate of mailing to the tenant at the rental unit. The signed, refused, or unclaimed return receipt, or the certificate of mailing, is prima facie proof of service. Alternatively, the notice may be posted on the unit together with a return receipt or certificate of mailing, or served by a court-appointed special process server. The general rule does not provide for email. Email or a portal is allowed for certain bed bug notices.

Source: 25 Del. C. § 5113; § 5317

Notice forms:

Step 3: File the eviction case and go to the hearing

Eviction cases in Delaware are heard in: Justice of the Peace Court (county where the premises are located).

Notice: 7-day written demand for past-due rent (§ 5502), 7-day cure notice for lease violations (§ 5513), or 60-day notice for end of tenancy (§ 5106)
Landlord files summary possession complaint; notice and complaint served 5 to 30 days before the hearing
Mandatory mediation scheduled before trial (trial cannot start until landlord mediates unless tenant fails to engage within 15 days of service)
Hearing: tenant may answer orally or in writing at the hearing; jury trial may be demanded within 10 days of service
Judgment; either party may appeal within 5 days to a 3-judge JP panel (trial de novo); motion to vacate default within 10 days
Writ of possession issues only after the appeal/vacate period; constable gives at least 24 hours' notice and executes between sunrise and sunset; tenant property may be stored 7 days then deemed abandoned

Court timing: Hearing set 5 to 30 days after service; tenant answers orally or in writing at the hearing. In nonpayment cases tenant may redeem by paying all amounts due any time before the writ is executed (§ 5716A), unless the tenant had 2 nonpayment judgments in the prior 18 months.

Source: 25 Del. C. §§ 5701-5720

How long it takes to evict a tenant in Delaware

For unpaid rent, the notice period is 7 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.

How much it costs to evict a tenant in Delaware

Court filing and service fees are set locally. Verified fees in the largest Delaware counties:

County	Filing and service fees
New Castle County (Wilmington)	$45 landlord/tenant filing fee; $40 service of writ of summary possession; $60 appeal to 3-judge panel

Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.

Evicting someone without a lease (family member, roommate, guest or squatter)

Someone with no written lease who pays rent (month-to-month / at will)	Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. Source: 25 Del. C. § 5106(d)

Mistakes that get eviction cases dismissed — or get landlords sued

Changing locks / shutting off utilities	Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. Source: 25 Del. C. §§ 5313, 5312(e)
Retaliation	Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). Source: 25 Del. C. § 5516
Accepting rent after the notice	Delaware requires landlords to take rent rather than treating acceptance as a waiver. A landlord may not refuse rent paid by or on behalf of the tenant, but may limit payment to the methods the lease allows. After a judgment, the landlord may require a certified check or money order. If all rent due is paid before the landlord files, the landlord may not file an eviction for that nonpayment. If all rent due is paid after filing, the landlord may not continue that nonpayment case. Even after a judgment for nonpayment, the tenant may redeem the unit at any time before the eviction is carried out by paying all past-due amounts set by the court, plus court costs and fees. This right does not apply if the tenant already had 2 nonpayment judgments in the prior 18 months. No statute addresses partial payments. Source: 25 Del. C. § 5502(c)-(d); § 5716A(b)

Federal rules that can change the process

Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More

Delaware eviction FAQ for landlords

How much notice does a landlord have to give to evict for unpaid rent in Delaware?

After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent.

How much does it cost to evict a tenant in Delaware?

Court fees are set locally — for example, New Castle County (Wilmington): $45 landlord/tenant filing fee; $40 service of writ of summary possession; $60 appeal to 3-judge panel.

Can a landlord change the locks to evict a tenant in Delaware?

Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach.

How do you evict a tenant without a lease in Delaware?

Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given.

← All Delaware landlord-tenant rules · Notice deadline calculator

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.