Eviction in Sussex County, Delaware

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

Quick facts: eviction in Sussex County

Eviction court: Justice of the Peace Court 17 (Sussex County civil court) — Justice of the Peace Court (summary possession) Court page
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): $1,399/month HUD
Renter households: 19,590 (18% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-28

Where eviction cases are filed in Sussex County

Eviction cases in Sussex County are heard by the Justice of the Peace Court 17 (Sussex County civil court) (Justice of the Peace Court (summary possession)).

Justice of the Peace Court 17 - Sussex County (Civil) — 23730 Shortly Road, Georgetown, DE 19947; 302-856-1447; Mon-Fri 8:00 a.m.-4:00 p.m.; JPCourt17@delaware.gov · website

Court eviction page · E-filing · Self-help center

Landlord-tenant (summary possession) cases are heard by the Justice of the Peace Court; JP Court 17 in Georgetown is the court listed for civil cases in Sussex County (the other Sussex JP courts in Lewes, Georgetown and Seaford are listed for criminal matters). Cash and credit cards are not accepted after 3:30 p.m. The Residential Eviction Diversion Program is mandatory for landlords after a summary possession complaint is filed; tenants may take part through the court's online dispute resolution site (https://cii2.courtinnovations.com/DEJPCOURT). Appeals to a three-judge panel must be made within 5 days of the judgment.

How eviction cases work locally

Eviction diversion	Residential Eviction Diversion Program: free, mandatory for landlords after a summary possession complaint is filed; tenants may participate via the JP Court's Online Dispute Resolution site. Source: Official source

The Delaware eviction process

Delaware state law sets the notice periods and court steps everywhere in the state, including Sussex County:

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 Sussex County

HUD FY2026 Fair Market Rents for the Sussex County, DE (the rent levels used for Section 8 vouchers):

Studio	$1,059
1 bedroom	$1,066
2 bedrooms	$1,399
3 bedrooms	$1,757
4 bedrooms	$2,172

Source: HUD Fair Market Rent documentation

Median gross rent in Sussex County: $1,238/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified; eviction procedure is governed by state law. City rules, if any, are on city pages.

Eviction help in Sussex County

Free legal help

Community Legal Aid Society, Inc. (CLASI) - Georgetown Office — Georgetown Professional Park, 20151 Office Circle, Georgetown, DE 19947; 302-856-0038; toll-free 800-462-7070. Free civil legal services including housing.
Delaware Right to Representation (eviction) — Income-eligible tenants facing eviction may get free legal representation; call 2-1-1 or visit bit.ly/EvictionHelpDE.

Tenant and eviction lawyers in Sussex County

Section 8 and public housing in Sussex County

Delaware State Housing Authority (Housing Delaware) — Dover, Kent County, Sussex County
Housing Choice Voucher, Moving to Work, Section 811 Project Rental Assistance, State Rental Assistance Program (SRAP)
Phone: (302) 739-4263; toll-free (888) 363-8808; Housing Admissions (waiting list) (302) 739-6940
How to apply / waiting list

All Delaware housing authorities →

Other Delaware counties

Frequently asked questions

Where do I file an eviction in Sussex County?

Eviction cases in Sussex County are filed with the Justice of the Peace Court 17 (Sussex County civil court).

Where can I get help with an eviction in Sussex County?

Community Legal Aid Society, Inc. (CLASI) - Georgetown Office; Delaware Right to Representation (eviction).

What is the fair market rent in Sussex County?

HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,399 per month (1-bedroom: $1,066).

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.