Delaware Eviction Laws: Timeline, Reasons, & Notice Requirements
Eviction Timeline in Delaware
Issue Eviction Notice
In Delaware, the eviction process begins with a written notice served to the tenant. The notice must clearly state the reason for eviction and give a legally defined deadline to either fix the problem or vacate.
Required notice periods include:
- 5 days for nonpayment of rent
- 7 days for most lease violations
- 60 days for ending a month-to-month tenancy
- Immediately for serious threats or illegal activity
Landlords must serve the notice in writing, either by personal delivery, posting it at the unit, or mailing it via certified mail. Any mistake in the notice content, timing, or delivery method can delay or invalidate the case.
Serve Summons Document
If the tenant does not comply, the landlord can file a Summary Possession complaint with the Justice of the Peace Court. The court will issue a summons that must be served to the tenant.
Service must be completed by a constable or court-approved officer, not the landlord. It informs the tenant of the hearing date and gives them a chance to appear in court.
Delaware law requires that the summons be served at least 5 days before the hearing. Improper service can result in dismissal, so following proper procedure is essential.
Schedule Court Hearing
The court sets a hearing date shortly after the complaint is filed and the summons is served. At the hearing, both sides may present evidence, testimony, and any documentation that supports their claims.
Landlords should bring:
- The signed lease
- A copy of the eviction notice
- Rent records or inspection photos
- Proof of service
Tenants may raise defenses, such as improper notice or unsafe living conditions. The judge will weigh both sides and issue a decision based on Delaware landlord–tenant law.
Wait for Judgment
If the judge rules in the landlord’s favor, they’ll issue a judgment for possession. The court typically gives the tenant at least 5 days to vacate the property.
Tenants have a right to appeal, which they must file within 5 business days of the ruling. If an appeal is filed, the eviction is paused until the higher court reviews the case.
Landlords should wait until the appeal period ends before taking further action.
Enforce Writ of Possession
If the tenant fails to leave within the court-ordered timeframe and no appeal is filed, the landlord may request a writ of possession. This allows a constable to schedule and carry out the physical eviction.
Only law enforcement can remove the tenant, landlords may not do it themselves. The constable typically provides the tenant with at least 24 hours’ notice before executing the writ.
Landlords should be present for the removal and ready to take possession of the property. Delaware law does not require landlords to store abandoned belongings unless agreed upon in the lease.
Eviction Reasons in Delaware
Nonpayment of Rent
In Delaware, failure to pay rent is a legally recognized reason for eviction. If a tenant misses a rent payment, the landlord may issue a 5-Day Notice to Pay or Quit. This gives the tenant five calendar days to pay the overdue rent in full or vacate the property.
If the tenant pays within that period, the lease continues. If they don’t, the landlord may file a Summary Possession complaint with the court.
Landlords should keep:
- A copy of the lease
- A detailed rent ledger
- A copy of the notice and proof of delivery
Courts will dismiss eviction cases without a properly served notice and documentation.
Lease Term Violations
Lease violations, like unauthorized pets, excessive noise, or exceeding occupancy limits, require landlords to serve a 7-Day Notice to Comply or Vacate.
This written notice must:
- Clearly describe the violation
- Reference the lease clause
- Give tenants 7 days to correct the issue or leave
If the tenant corrects the violation, the eviction cannot proceed. If they do not respond within the 7 days, the landlord may take the case to court.
Common violations include:
- Smoking in prohibited areas
- Repeated disruptions
- Unauthorized alterations to the unit
Always include dated documentation, photos, or written complaints when filing.
Illegal Tenant Activities
If a tenant engages in illegal conduct—such as drug activity, weapons possession, or criminal threats, Delaware law allows for immediate action.
Landlords can issue a Notice to Quit Immediately in cases where:
- Criminal activity endangers others
- The property is used unlawfully
- Serious threats or violence occur
The landlord must present evidence of the activity, such as police reports or witness statements. There is no correction period, if the tenant does not vacate right away, the landlord may proceed directly to court.
These cases often receive expedited handling due to public safety concerns.
Significant Property Damage
Deliberate or severe property damage may qualify as grounds for eviction under Delaware law. Landlords can serve a 7-Day Notice to Vacate, with no option to fix the issue if the damage is extensive.
Examples include:
- Broken appliances or fixtures
- Holes in walls
- Flooding caused by tenant negligence
It’s essential to gather photographic proof, inspection reports, or repair invoices. The more evidence presented in court, the stronger the landlord’s claim.
Damage must go beyond ordinary wear and tear to justify eviction.
End of Lease Term
When a lease expires, landlords may choose not to renew. If the tenant remains after the lease ends without permission, they become a holdover tenant.
Landlords must first provide a 60-Day Written Notice to Vacate for month-to-month leases or as outlined in the original agreement.
If the tenant does not leave by the date specified, the landlord may file for eviction. It’s important to give notice before the lease expires to avoid delays or legal disputes.
Always document notice delivery and lease end dates when taking the case to court.
Notice Requirements for Landlords in Delaware
5-Day Rent Notice
Delaware law requires landlords to serve a 5-Day Notice to Pay or Quit when a tenant fails to pay rent on time. This gives the tenant five calendar days to pay the full amount owed or vacate the rental unit.
The notice must:
- Be in writing
- List the amount due
- State the deadline to resolve the issue
If the tenant pays in full within five days, the lease continues. If they do not, the landlord may file for eviction in Justice of the Peace Court.
Delivery must follow legal standards, either in person, by posting at the unit, or via certified mail.
7-Day Compliance Notice
For lease violations unrelated to rent, landlords must issue a 7-Day Notice to Comply or Quit. This applies to issues like:
- Unauthorized pets
- Property misuse
- Unauthorized occupants
The notice must describe the violation and provide seven calendar days to correct the problem. If the tenant fixes the issue on time, the lease remains valid.
If not, the landlord can proceed to court. Keeping written records, photos, or lease references strengthens the landlord’s case if the matter goes to trial.
Immediate Notice to Quit
Delaware allows landlords to issue an Immediate Notice to Quit in cases involving:
- Criminal activity
- Threats to health or safety
- Severe property destruction
This type of notice gives the tenant no opportunity to correct the behavior, they must leave immediately.
Landlords must be prepared to present strong supporting evidence, such as police reports, eyewitness statements, or repair estimates. This notice type is used sparingly but is supported under Title 25 § 5513 of Delaware Code for high-risk situations.
60-Day Termination Notice
To end a month-to-month tenancy, Delaware law requires a 60-Day Written Notice before the desired move-out date.
The notice must:
- Be in writing
- Clearly state the end date of the rental agreement
- Be delivered at least 60 days before that date
This applies to no-fault situations, such as ending a lease for personal reasons. Landlords do not need to give a reason but must ensure the notice period is exact. Courts will not enforce evictions based on improperly timed notices.
Proper Delivery Methods
Delaware law recognizes three valid ways to serve eviction-related notices:
- Personal delivery to the tenant
- Posting the notice at the rental unit, plus mailing a copy
- Certified mail with return receipt requested
Landlords should always document how and when delivery occurred. In court, the judge may require proof that notice was properly served before allowing the case to proceed.
Delivering notices correctly from the start reduces legal risk and improves the likelihood of a smooth eviction process.
Frequently Asked Questions
What are the grounds for eviction in Delaware?
Landlords in Delaware can evict tenants for several reasons, including failure to pay rent, violating lease terms, engaging in illegal activities on the property, or causing substantial damage.
How long does it take to evict a tenant in Delaware?
The time frame for evicting a tenant in Delaware depends on the reason for eviction and the specific notice period provided. Generally, the process can take between three to six weeks, including notice delivery, legal proceedings, and securing a court order if needed.
How to evict someone in Delaware without a lease?
If a tenant does not have a lease in Delaware, landlords must still follow the legal process. For at-will tenants, a written notice—typically 60 days—is required to terminate the tenancy.
What is the fastest you can evict a tenant in Delaware?
The quickest way to remove a tenant in Delaware is through an Immediate Quit Notice, which applies in specific severe situations like dangerous behavior or significant property damage.
What can a landlord not do in Delaware?
Landlords cannot change locks, shut off utilities, or use threats to force tenants out without a court order. Self-help evictions are illegal, and landlords must strictly follow Delaware's eviction laws to avoid legal consequences.