Key facts (checked Oct 11, 2026)
- Rent demand: at least 7 days to pay, under SS 1 for SB 116, effective Sept. 1, 2026 (25 Del. C. §5502; JP Court).
- Late fee: up to 5% of monthly rent, not before 5 days after rent is due (§5501(d)).
- JP Court fees: $45 to file, $60 to appeal to a 3-judge panel, $40 to serve the writ (JP Court fee schedule).
- Mediation must be completed at least 48 hours before trial (§5702A).
- Tenants may redeem by paying all past-due amounts and court costs any time before the eviction is executed, with limits (§5716A).
What are the steps of a Delaware eviction?
A Delaware eviction for unpaid rent runs in this order: a written rent demand, a summary possession complaint in the Justice of the Peace Court, service, mandatory mediation, trial, a 5-day appeal period, then a writ of possession executed by a constable with 24 hours' notice. Self-help, such as changing the locks, is illegal.
| Step | Minimum time | Source |
|---|---|---|
| Late fee can be charged | After 5 days late | §5501(d) |
| Written rent demand | At least 7 days to pay | §5502(a) |
| Complaint served before hearing | 5 to 30 days | §5705 |
| Mediation | Done 48+ hours before trial | §5702A |
| Trial | "Several weeks" after filing, per the court | JP Court help |
| Appeal window | 5 days after judgment; no writ during it | §5717 |
| Writ of possession | Court practice: not until 10 days after judgment | JP Court help |
| Constable's notice | At least 24 hours | §5715(b) |
| Belongings left behind | Stored 7 days at tenant's expense | §5715 |
Checked Oct 11, 2026. Adjournments of up to 10 days (§5710) and a tenant's jury demand within 10 days of service (§5713) can add time.
How much notice does a Delaware landlord give for unpaid rent?
At least 7 days. A 2026 law, Senate Substitute 1 for SB 116, changed the rent-demand period from 5 days to 7, effective September 1, 2026. If the tenant pays in full within the notice period, the landlord cannot file for summary possession, and the landlord may not refuse rent during that period.
Sources: 25 Del. C. §5502(a), (c); SS 1 for SB 116; JP Court, right of redemption. The notice can be hand-delivered or sent by certified or first-class mail with a certificate of mailing (§5113). For other cases: a lease violation needs a written notice giving at least 7 days to fix it (§5513), and ending a lease at the end of its term or a month-to-month tenancy needs 60 days' written notice (§5106). The notice rules for selling a rented house are covered in selling a rental with tenants.
Is mediation required before a Delaware eviction trial?
Yes, in most cases. Under Delaware's eviction diversion law, a trial may not start until the landlord has engaged in mediation, and mediation must be completed at least 48 hours before the trial date. If the tenant doesn't engage within 15 calendar days after service, the case can go forward without it.
Source: 25 Del. C. §5702A. The JP Court says landlord participation is mandatory and the landlord must file an Affidavit of Participation at least 5 days before the hearing; the program provides a template agreement, and signed agreements are binding (JP Court landlord-tenant page). Cases involving irreparable harm are exempt. Eligible low-income tenants may also get a lawyer under Delaware's right-to-counsel law, which is being phased in through June 30, 2028 (25 Del. C. ch. 56).
How long after judgment does a Delaware tenant have to leave?
Usually at least 10 days. Either side can appeal within 5 days to a three-judge JP panel, and no writ issues during that window. The JP Court says it won't issue the writ until 10 days after judgment. Then the constable gives at least 24 hours' notice and executes it between sunrise and sunset.
Sources: §§5715, 5717; JP Court landlord-tenant help. A stipulated judgment (a settlement entered by the court) may allow a writ immediately, depending on its wording. An appeal stays the eviction only if the tenant posts a bond or other security, and the three-judge court must decide within 15 days. A tenant who missed trial can move to vacate a default judgment within 10 days (§5712(b)).
Can a Delaware tenant stop an eviction by paying?
Often, yes. Under the new right of redemption, a tenant can pay all past-due amounts plus court-awarded costs and fees at any time before the eviction is actually carried out. It is not available to a tenant with two or more nonpayment judgments in the prior 18 months, and the landlord may require certified funds.
Sources: 25 Del. C. §5716A (added by SS 1 for SB 116); JP Court right of redemption. For landlords, that means a nonpayment case can end at the last minute with the tenant still in place. Plan any sale or move-in date around that possibility.
What can't a Delaware landlord do during an eviction?
A landlord cannot lock out the tenant, cut off utilities, or remove belongings without a court writ. Unlawful ouster lets the tenant recover the greater of three times their damages or three times the daily rent. Acting against a tenant within 90 days of their complaint can be presumed retaliation.
Sources: 25 Del. C. §5313 (unlawful ouster); §5516 (retaliation, with damages of the greater of 3 months' rent or treble damages). A good-faith contract to sell the property is one listed defense to a retaliation claim (§5516(d)(7)). Keep everything in writing.
Should a landlord evict, negotiate, or sell with the tenant in place?
It depends on the numbers. An eviction costs filing fees, lost rent and weeks of time, and can end with the tenant redeeming. A cash-for-keys agreement can be faster. Or you can sell the house occupied to a buyer who takes over the tenancy and the eviction risk.
See cash for keys in Delaware, selling with non-paying tenants and options for tired landlords. We buy rentals with tenants in place. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney. Call (302) 525-0787.
General information, not legal or tax advice. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney.
Tired of chasing rent?
We buy Delaware rentals with tenants in place, including non-paying ones, and show you the math in writing.
Get My Written Offer Call (302) 525-0787Frequently asked questions
How long does an eviction take in Delaware?
Usually several weeks to a few months for nonpayment: a 7-day rent notice, JP Court filing and service, mandatory mediation, trial, a 5-day appeal period and a writ the court issues no sooner than 10 days after judgment.
Is the Delaware rent demand notice 5 days or 7 days?
7 days for notices under the law effective September 1, 2026 (SS 1 for SB 116). Earlier law used 5 days.
How much does it cost to file an eviction in Delaware?
The JP Court lists a $45 landlord-tenant filing fee, $60 to appeal to a three-judge panel and $40 to serve a writ of possession.
Can a tenant pay and stay in Delaware?
Yes, by paying all past-due amounts plus court costs and fees before the eviction is executed, unless they had two or more nonpayment judgments in the prior 18 months.
Can I change the locks on a non-paying tenant in Delaware?
No. Only a constable with a court writ can remove a tenant. Self-help eviction exposes the landlord to treble damages.
Sources
- 25 Del. C. ch. 51 (lease terms and notices)
- 25 Del. C. ch. 53 (landlord obligations, unlawful ouster)
- 25 Del. C. ch. 55 (tenant obligations, rent demand, retaliation)
- 25 Del. C. ch. 56 (right to counsel)
- 25 Del. C. ch. 57 (summary possession)
- Delaware General Assembly: SS 1 for SB 116
- Justice of the Peace Court: Landlord-Tenant
- Justice of the Peace Court: Right of Redemption
- Delaware Courts: Landlord-Tenant help
- Delaware Courts: JP Court fees
General information, not legal, tax, or financial advice. Facts checked Oct 11, 2026 against the official sources above. Laws, fees, and schedules change; confirm with the office named or your attorney.
