EVICTING YOUR TENANTS IN DELAWARE

How to Evict a Tenant in Delaware: A Step-by-Step Guide for Landlords

*BEFORE I BEGIN, UNDERSTAND THAT THIS WRITTEN FROM MY OWN RESEARCH AND EXPERIENCE. PLEASE CONSULT A LOCAL ATTORNEY BEFORE ATTEMPTING ANY OF THE FOLLOWING.

As a landlord, evicting a tenant is never a pleasant experience — but sometimes, it’s necessary to protect your property and your investment. Whether the issue is nonpayment of rent, lease violations, or holdover tenancy, understanding the Delaware eviction process is key to handling it legally and effectively.

This guide breaks down how to evict a tenant in Delaware, step by step, so you can stay compliant with state laws and avoid costly legal mistakes.

Step 1: Know the Legal Reasons for Eviction in Delaware

Under the Delaware Landlord-Tenant Code, a landlord may evict a tenant for several valid reasons, including:

• Nonpayment of rent

• Violation of lease terms (e.g., unauthorized pets, illegal activity, etc.)

• Failure to vacate after lease ends (holdover)

• Property damage or safety violations

Make sure your reason for eviction is legally valid — and that you have documentation to support your claim (such as a lease agreement, payment history, or written notices).

Step 2: Provide Proper Written Notice

Delaware law requires landlords to give tenants formal written notice before beginning eviction proceedings. The notice type depends on the reason:

• 5-Day Notice to Pay Rent or Quit: For unpaid rent. The tenant has 5 days to pay before further action.

• 7-Day Notice to Cure or Quit: For lease violations. The tenant has 7 days to fix the issue or leave.

• 60-Day Notice to Terminate Tenancy: For month-to-month tenants, without cause (not for retaliation or discrimination).

Make sure the notice is delivered in writing and preferably with proof (certified mail, posting, or hand delivery).

Step 3: File a Summary Possession Complaint in Court

If the tenant doesn’t comply with the notice, your next step is to file an eviction lawsuit — known in Delaware as a Summary Possession Action.

File the complaint with the Justice of the Peace Court in the county where the property is located. You’ll need:

• A copy of the lease

• Proof of notice

• Payment of the court filing fee

The court will then schedule a hearing date, usually within a few weeks.

Step 4: Attend the Court Hearing

You and your tenant will have a chance to present your case. Be prepared to show:

• The lease agreement

• Proof of rent nonpayment or lease violations

• Copies of all notices sent

• Any communication between you and the tenant

If the judge rules in your favor, you’ll receive a Writ of Possession, which legally authorizes the tenant’s removal if they don’t leave voluntarily.

Step 5: Enforce the Writ of Possession

If the tenant still hasn’t vacated, the court will issue the Writ of Possession, and a constable will serve it. This gives the tenant 24 hours to leave. If they don’t, the constable will return and forcibly remove them.

Note: As the landlord, you cannot personally remove the tenant or their belongings — this must be done by law enforcement. Changing locks, shutting off utilities, or removing property yourself is illegal and could expose you to liability.

Step 6: Handle Abandoned Property (If Applicable)

If the tenant leaves belongings behind, Delaware law requires you to store the items for 7 days. After that, you can dispose of them or sell them (with proper notice and procedure).

Key Tips for Landlords in Delaware

• Keep detailed records of all communication and payments.

• Never self-evict a tenant — always go through the court process.

• Avoid retaliation: Delaware law prohibits evicting a tenant for filing complaints or exercising legal rights.

• Consider working with an attorney or property management company if the situation is complex.

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