Eviction in New Castle County (Wilmington), Delaware

Where eviction cases are filed in New Castle County (Wilmington), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in New Castle County (Wilmington)

Eviction court: Justice of the Peace Court — New Castle County civil courts (JP Court 13 and JP Court 9) — Justice of the Peace Court (summary possession) Court page
Filing fee: $45 landlord/tenant filing fee; $40 service of writ of summary possession; $60 appeal to 3-judge panel Delaware Courts, Justice of the Peace Court fee schedule (10 Del. C. § 9801; page updated 11/05/2021)
Notice before filing (state law): 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. Delaware rules
HUD Fair Market Rent, 2-bedroom (FY2026): $1,810/month HUD
Renter households: 69,449 (31% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-22

Where eviction cases are filed in New Castle County (Wilmington)

Eviction cases in New Castle County (Wilmington) are heard by the Justice of the Peace Court — New Castle County civil courts (JP Court 13 and JP Court 9) (Justice of the Peace Court (summary possession)).

Justice of the Peace Court 13 (Civil) — 2 Penns Way, Suite 203, New Castle, DE 19720 (302-323-6070; Mon–Fri 8 a.m.–4 p.m.) · website
Justice of the Peace Court 9 (Civil, Criminal) — 757 North Broad Street, Middletown Square Shopping Center, Middletown, DE 19709 (302-378-5221) · website

Court eviction page · E-filing · Search court records · Self-help center

File in the Justice of the Peace Court closest to the rental property. Self-represented parties generally cannot e-file unless approved e-filers. Cash and credit cards not accepted after 3:30 p.m.

How much it costs to file an eviction in New Castle County (Wilmington)

$45 landlord/tenant filing fee; $40 service of writ of summary possession; $60 appeal to 3-judge panel

Statewide JP Court fees. Fee waiver: In Forma Pauperis application (Civil Form 49). Checks payable to 'State of Delaware' or the court.

Source: Delaware Courts, Justice of the Peace Court fee schedule (10 Del. C. § 9801; page updated 11/05/2021)

How eviction cases work locally

Mandatory Residential Eviction Diversion Program (online dispute resolution)	For residential summary possession complaints filed on or after July 1, 2024, landlord participation is mandatory after filing; the landlord must file a Landlord's Affidavit of Participation at least five days before the hearing or the hearing will not be held. Tenants have 15 days after service to register (voluntary). Mediation conferences must finish at least 48 hours before the hearing. ODR site: https://cii2.courtinnovations.com/DEJPCOURT Source: Official source
Right of Redemption	Effective September 1, 2026, eligible tenants facing eviction only for non-payment of rent may pay all amounts owed before eviction (see https://courts.delaware.gov/jpcourt/redemption.aspx). Source: Official source

Mandatory Residential Eviction Diversion Program (online dispute resolution)

For residential summary possession complaints filed on or after July 1, 2024, landlord participation is mandatory after filing; the landlord must file a Landlord's Affidavit of Participation at least five days before the hearing or the hearing will not be held. Tenants have 15 days after service to register (voluntary). Mediation conferences must finish at least 48 hours before the hearing. ODR site: https://cii2.courtinnovations.com/DEJPCOURT

Source: Official source

Right of Redemption

Effective September 1, 2026, eligible tenants facing eviction only for non-payment of rent may pay all amounts owed before eviction (see https://courts.delaware.gov/jpcourt/redemption.aspx).

Source: Official source

The Delaware eviction process

Delaware state law sets the notice periods and court steps everywhere in the state, including New Castle County (Wilmington):

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

Full Delaware eviction rules with sources →

Rent in New Castle County (Wilmington)

HUD FY2026 Fair Market Rents for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD MSA (the rent levels used for Section 8 vouchers):

Studio	$1,397
1 bedroom	$1,520
2 bedrooms	$1,810
3 bedrooms	$2,170
4 bedrooms	$2,423

Source: HUD Fair Market Rent documentation

Median gross rent in New Castle County (Wilmington): $1,448/month (Census ACS 2020–2024 5-year estimates).

HUD designates this area for Small Area FMRs: Housing Choice Voucher programs here use ZIP-code-level FMRs. Figures shown are the area-wide FY2026 FMRs from HUD's metro calculation page: https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2026_code/2026summary.odn?cbsasub=METRO37980M37980&year=2026&fmrtype=Final&dallas_sa_override=TRUE&selection_type=hmfa

County tenant ordinance

No county-level landlord-tenant ordinance identified.

Eviction help in New Castle County (Wilmington)

Free legal help

Delaware Right to Representation / Legal Help Link — Income-eligible residential tenants facing eviction may get free representation; call 2-1-1 or visit bit.ly/EvictionHelpDE (delegalhelplink.org).

Right to counsel: Statewide Delaware Right to Representation for income-eligible tenants facing residential eviction (state program, applies in New Castle County); call 2-1-1 or bit.ly/EvictionHelpDE. Source

Frequently asked questions

Where do I file an eviction in New Castle County (Wilmington)?

Eviction cases in New Castle County (Wilmington) are filed with the Justice of the Peace Court — New Castle County civil courts (JP Court 13 and JP Court 9).

How much does it cost to file an eviction in New Castle County (Wilmington)?

$45 landlord/tenant filing fee; $40 service of writ of summary possession; $60 appeal to 3-judge panel.

Where can I get help with an eviction in New Castle County (Wilmington)?

Delaware Right to Representation / Legal Help Link.

What is the fair market rent in New Castle County (Wilmington)?

HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,810 per month (1-bedroom: $1,520).

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.