Eviction Laws in Delaware
Complete landlord & tenant guide — notice requirements, filing fees, tenant rights, and step-by-step instructions.
How to Evict a Tenant in Delaware
- 1 Serve the Notice
Serve a written notice giving the tenant 5 days to pay, cure the violation, or vacate.
- 2 File in Court
File an Unlawful Detainer lawsuit at your local courthouse. Filing fee: $40.
- 3 Serve Tenant with Summons
The court will issue a summons. Have it served on the tenant by an authorized person.
- 4 Attend the Hearing
Present your evidence. If tenant doesn't appear, you'll likely get a default judgment.
- 5 Writ of Possession
After winning, get a Writ of Possession. The sheriff will enforce the lockout.
Your Rights as a Tenant in Delaware
- ✓ You have 5 days after receiving a notice to respond before your landlord can file in court.
- ✓ You have the right to appear in court and present your defense. Always show up.
- ✓ Your landlord cannot change your locks, remove your belongings, or shut off utilities without a court order.
- ✓ Tenant protections in Delaware are rated Moderate.
- ✓ Common defenses: improper notice, habitability issues, retaliation, discrimination, or rent was already paid.
- ✓ An eviction can stay on your record for 7 years — learn about expungement in Delaware.
Notice Types Used in Delaware
Pay or Quit Notice
Non-payment of rent
Cure or Quit Notice
Lease violations (pets, noise, unauthorized occupants)
Unconditional Quit Notice
Serious violations, repeat offenses, illegal activity
Have an eviction on your record?
Find out if you qualify for eviction expungement in Delaware — which can help you rent again and improve your housing options.
Delaware Expungement Guide →