Landlord guide, Delaware (DE)
Delaware eviction process: the landlord’s steps from notice to removal
The eviction process in Delaware starts with the 7-day notice to pay rent: 7 calendar days for unpaid rent (25 Del. C. § 5502(a), (c), (d)). Then the landlord files in the justice of the peace court, where the case is called summary possession; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 7 calendar days
- 25 Del. C. § 5502(a), (c), (d)
- Court
- justice of the peace court
- 25 Del. C. §§ 5705(a), 5709, 5715, 5717
- Time to appeal
- 5 days
- 25 Del. C. §§ 5705(a), 5709, 5715, 5717
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process Delaware landlords follow, step by step
Notice and court names are given as they read on Delaware’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 7-day notice to pay rent, 7 calendar days (25 Del. C. § 5502(a), (c), (d)).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the 7-day notice to cure, 7 calendar days (25 Del. C. § 5513(a), (b)).
No reason, month to month: 60 days’ notice (25 Del. C. § 5106(d)).
What the statute adds, in English
The notice may be sent once the late-fee grace period has run, and must give at least 7 days (raised from 5 by 85 Del. Laws c. 436). Paying all rent due ends the case even after filing, and the landlord may not refuse it.
- 2
Step 2
File the eviction in court
File in the justice of the peace court, where the case is called summary possession (25 Del. C. §§ 5705(a), 5709, 5715, 5717).
- 3
Step 3
Go to the hearing
In the statute, in English
notice of hearing and complaint served at least 5 and not more than 30 days before the hearing
- 4
Step 4
Judgment and appeal
If the court rules for you, the tenant has 5 days to appeal.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
writ of possession issues only after the time to appeal or move to vacate has run; the officer gives at least 24 hours' notice and executes it between sunrise and sunset
Delaware eviction process timeline
- Notice before filing
- 7 calendar days
- Time to answer
- Not confirmed
- Hearing
- Quoted in step 3
- Time to appeal
- 5 days
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. Delaware bans self-help eviction (25 Del. C. § 5313), so only the court process can remove a tenant.
A tenant removed or excluded without a court order may recover possession or end the lease, plus three times damages or three times the daily rent for the time excluded, whichever is greater.
The court process is the safe course in every state.
Write the Delaware eviction notice
Fill in the notice for Delaware in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the Delaware notice with its 7 calendar days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
Delaware eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 7-day notice to pay rent7 calendar daysPaying in full within the period stops itThe notice may be sent once the late-fee grace period has run, and must give at least 7 days (raised from 5 by 85 Del. Laws c. 436). Paying all rent due ends the case even after filing, and the landlord may not refuse it. | 25 Del. C. § 5502(a), (c), (d) |
| Notice for a lease breach | 7-day notice to cure7 calendar daysThe tenant can fix the breach within the periodThe tenant has at least 7 days to correct a material breach, and the notice can be relied on if a substantially similar breach recurs within a year. A breach causing or threatening irreparable harm allows immediate termination on notice. | 25 Del. C. § 5513(a), (b) |
| Notice to end a month-to-month tenancy | 60 daysThe 60 days start on the first day of the month after notice is given. | 25 Del. C. § 5106(d) |
| How a notice is served | personal delivery to the tenantleaving a copy at the rental unit with an adult residing thereregistered, certified or first-class mail with certificate of mailing to the leased premisesposting on the unit combined with a return receipt or certificate of mailingpersonal service by a court-appointed special process server | 25 Del. C. § 5113 |
| Court and action | justice of the peace courtsummary possession | 25 Del. C. §§ 5705(a), 5709, 5715, 5717 |
| Time to answer | Not confirmed from the statute | Not confirmed from the statute |
| Hearing | notice of hearing and complaint served at least 5 and not more than 30 days before the hearing | 25 Del. C. §§ 5705(a), 5709, 5715, 5717 |
| Time to appeal | 5 days | 25 Del. C. §§ 5705(a), 5709, 5715, 5717 |
| Removal | writ of possession issues only after the time to appeal or move to vacate has run; the officer gives at least 24 hours' notice and executes it between sunrise and sunset | 25 Del. C. §§ 5705(a), 5709, 5715, 5717 |
| Self-help (lockouts, utilities) | BannedA tenant removed or excluded without a court order may recover possession or end the lease, plus three times damages or three times the daily rent for the time excluded, whichever is greater. | 25 Del. C. § 5313 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://delcode.delaware.gov/title25/c051/sc01/index.html
- https://delcode.delaware.gov/title25/c053/index.html
- https://delcode.delaware.gov/title25/c055/index.html
- https://delcode.delaware.gov/title25/c057/index.html
- https://delcode.delaware.gov/title25/c051/index.html
- https://delcode.delaware.gov/sessionlaws/ga153/chp277.shtml
Questions landlords ask about eviction in Delaware
How long does an eviction take in Delaware?
The notice for unpaid rent runs 7 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a Delaware landlord serve for unpaid rent?
The 7-day notice to pay rent, which gives the tenant 7 calendar days (25 Del. C. § 5502(a), (c), (d)). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in Delaware?
No. Delaware bans self-help eviction (25 Del. C. § 5313), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in Delaware?
In the justice of the peace court, where the case is called summary possession (25 Del. C. §§ 5705(a), 5709, 5715, 5717).
How does a landlord end a month-to-month tenancy in Delaware?
With 60 days’ notice (25 Del. C. § 5106(d)). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in Delaware?
Yes. The tenant has 5 days after the judgment to appeal.
The eviction process in other states
- Arkansas: 3 calendar days for unpaid rent
- California: 3 court days for unpaid rent
- Colorado: 10 calendar days for unpaid rent
- Connecticut: 3 calendar days for unpaid rent
- Florida: 3 court days for unpaid rent
- Georgia: 3 business days for unpaid rent
- Hawaii: 10 calendar days for unpaid rent
- Idaho: 3 calendar days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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