## How does eviction work in Delaware? If a tenant doesn't pay rent in Delaware, the landlord can't just change the locks or shut off utilities — that's "self-help" eviction and it's illegal in every state. The landlord must follow the formal eviction process, which moves through three stages: **notice → court action → physical removal**. ### Delaware's framework for non-payment evictions - **Notice required:** 5-day notice to quit. - **Typical timeline:** 45-60 days. - **Overall posture:** Middle of the road regime relative to other states. ## The three stages of eviction **1. Notice.** The landlord serves a written notice — pay-or-quit, cure-or-quit, or unconditional quit — depending on the reason for eviction and the state's rules. Strict compliance with the notice form, content, and service is required. A defective notice is the #1 reason eviction cases are dismissed. **2. Court action.** If the tenant doesn't pay, cure, or move out by the deadline, the landlord files an eviction lawsuit (called a "summary eviction," "unlawful detainer," "forcible entry and detainer," or "FED" depending on the state). The tenant gets served and has a few days to a few weeks to file an answer. A hearing follows. **3. Writ of possession.** If the landlord wins, the court issues a writ of possession (or warrant of restitution). The sheriff or constable then physically removes the tenant — landlords cannot remove the tenant themselves. ## Common defenses tenants raise - **Improper notice** — wrong form, wrong service, wrong waiting period - **Habitability / repair-and-deduct** — landlord failed to maintain the unit - **Retaliation** — eviction filed because tenant complained to a code agency - **Discrimination** — eviction motivated by race, family status, source of income, etc. - **Acceptance of partial rent** — in some states, accepting any amount waives the eviction - **Failure to mitigate damages** — landlord didn't try to re-rent - **Procedural mistakes** — wrong court, wrong defendant named, missed deadlines ## Lease violations and other grounds Beyond non-payment, Delaware landlords can typically evict for: - **Lease violations** — unauthorized occupants, pets in violation of lease, illegal activity - **End of lease term** — refusing to leave after lease expired (in non-just-cause states) - **Owner move-in** — landlord wants the unit back for personal use - **Substantial damage** to the property - **Nuisance** — repeated disturbances affecting other tenants Each ground has its own notice form and timeline. **Don't mix and match** — using a non-payment notice form for a lease-violation eviction will get the case dismissed. ## Tenant tools and resources If you're a tenant facing eviction in Delaware: - Look for free legal aid in your area — many tenants qualify - Read your lease carefully before responding - Document everything in writing (landlord communications, repair requests, payments) - Don't ignore court papers — a default judgment is the worst outcome - Consider negotiating a "cash for keys" exit ## Landlord tools If you're a landlord pursuing eviction in Delaware: - Use the correct statutory notice form — they vary by ground - Document service properly (certified mail, posting, personal service) - Don't accept partial rent during the case unless you mean to waive eviction - Keep utility service ON during the case - Don't communicate directly with the tenant if they have a lawyer ## What you should do Eviction cases move fast and small mistakes can be expensive on both sides. Delaware landlord-tenant attorneys typically charge modest flat fees for an uncontested eviction. Tenants facing eviction can often get free help from local legal aid. Don't try to navigate it alone. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. Eviction rules are heavily local — cities and counties often add procedures or protections on top of state law (especially in major metro areas). Talk to a licensed Delaware landlord-tenant attorney about your specific situation.*