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Delaware eviction process and court fees

Delaware evictions are heard in the justice of the Peace Court nearest the property (summary possession). Before filing for unpaid rent, the landlord must give the notice required by 25 Del. C. §5502.

Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.

Delaware eviction at a glance

CourtJustice of the Peace Court nearest the property (summary possession)

Delaware evictions are heard in the justice of the Peace Court nearest the property (summary possession). Before filing for unpaid rent, the landlord must give the notice required by 25 Del. C. §5502.

Step by step

  1. Notice for unpaid rent. A written demand for the rent with notice that the lease ends if it is not paid within at least 5 days (weekends and holidays excluded). Landlords must also take part in eviction diversion. (25 Del. C. §5502)
  2. File in court. If the tenant doesn't pay or move out, file the eviction case in the justice of the Peace Court nearest the property (summary possession). Ask the clerk for current filing and service fees. (Delaware Courts: Justice of the Peace Court fees)
  3. Hearing, judgment and removal. After the tenant is served, the court sets a hearing. If the landlord wins, removal happens only through the court's order or writ, carried out by a law enforcement officer. Exact timelines are in the court's self-help materials. (Delaware Courts: Justice of the Peace Court fees)

Statewide fees

Eviction filing fee$45
Landlord-tenant filing fee
Source: Delaware JP Court fees
Service of process and writ / removalNot verified
Set by the county sheriff, marshal or constable

The filing fee is set statewide. Service and writ fees vary by county.

All Delaware counties

Counties without verified local fees show the statewide rules above.

Frequently asked

Which court handles evictions in Delaware?

Justice of the Peace Court nearest the property (summary possession).

How much notice does a Delaware landlord have to give?

A written demand for the rent with notice that the lease ends if it is not paid within at least 5 days (weekends and holidays excluded). Landlords must also take part in eviction diversion.

How much does it cost to file an eviction in Delaware?

Eviction filing fee: $45. Landlord-tenant filing fee. The filing fee is set statewide. Service and writ fees vary by county.