Delaware Eviction Rules
Official notice periods, filing timelines, and legal citations for this state.
Notice Requirements
Nonpayment of Rent
5 days
Lease Violation
7 days
When can the landlord file?
Landlord may file a summary possession action after the notice period expires.
Tenant answer deadline
Tenant appears at the hearing; no advance written answer is required.
Hearing timeline
Typically 1–2 weeks after filing in Justice of the Peace Court.
Lockout / physical eviction
Only the sheriff may execute the writ of possession; tenant must leave within 24 hours after notice of writ.
Eviction Process Timeline
Notice Period (Nonpayment)
5 days
Notice Period (Lease Violation)
7 days
Landlord Can File
Landlord may file a summary possession action after the notice period expires.
Tenant Answer Deadline
Tenant appears at the hearing; no advance written answer is required.
Hearing Timeline
Typically 1–2 weeks after filing in Justice of the Peace Court.
Lockout / Physical Eviction
Only the sheriff may execute the writ of possession; tenant must leave within 24 hours after notice of writ.
Legal Citations
- Del. Code tit. 25, § 5502
- Del. Code tit. 25, § 5513