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
| Court | Justice 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
- 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)
- 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)
- 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 / removal | Not verified Set by the county sheriff, marshal or constable |
The filing fee is set statewide. Service and writ fees vary by county.
Official resources
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.