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New Castle County Eviction Court — Landlord Filing Guide (2025)

Everything Delaware landlords need to file a Summary Possession in New Castle County — fees, courthouse info, timeline, and step-by-step process.

$50
Filing fee
2–3 weeks
Hearing wait
3–5 weeks
Total process
In Person
Filing method

🏛️ New Castle County Courthouse Information

⚠️ New Castle County — What Landlords Should Know

New Castle County uses Justice of the Peace Court for summary possession.

Need an Eviction Attorney in New Castle County?

Procedural mistakes can get your case dismissed. Get matched with a local New Castle County eviction attorney — free consultation.

Step-by-Step: How to File an Eviction in New Castle County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 5-day Pay or Quit notice is required. For lease violations, serve a 7-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Delaware law.

2

File Your Summary Possession at New Castle County Courthouse

After the notice period expires without compliance, file your eviction complaint at the New Castle County Courthouse (500 N. King St., Wilmington, DE 19801). The filing fee is $50. Bring: your lease agreement, the notice, and proof of service.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In New Castle County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $30. You must NOT serve the summons yourself — improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in New Castle County are typically scheduled 2–3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The Delaware Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in Delaware.

New Castle County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $50 Paid to New Castle County Clerk of Court
Summons Service $30 Sheriff or process server fee
Writ of Possession ~$26–$30 Sheriff enforcement after judgment
Attorney (optional) $400–$1500 Recommended for contested cases

Frequently Asked Questions — New Castle County Evictions

How long does an eviction take in New Castle County?

The typical New Castle County eviction takes 3–5 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. New Castle County is generally considered a landlord-friendly jurisdiction.

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

The court filing fee in New Castle County is $50. Additional costs typically include: process service or sheriff fee ($30), Writ of Possession enforcement (~$26–$30), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $106–$110.

What court handles evictions in New Castle County?

Evictions in New Castle County are filed at the New Castle County Courthouse, located at 500 N. King St., Wilmington, DE 19801. The case type is filed as a Summary Possession.

Can I file an eviction online in New Castle County?

New Castle County does not currently offer online filing for eviction cases. You must file in person at the New Castle County Courthouse.

Do I need a lawyer to evict a tenant in New Castle County?

Delaware law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.

What happens if the tenant doesn't leave after the eviction judgment in New Castle County?

After a judgment in your favor, request a Writ of Possession from the court. The New Castle County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Delaware.

See full Delaware eviction laws and notice requirements.

Delaware Eviction Guide for Landlords →

Download the eviction notice you must serve before filing in Delaware.

Delaware Eviction Notice Templates →

Is your tenant facing eviction in New Castle County? See their rights.

Tenant Rights in New Castle County →

Relevant Delaware Statutes