How long does an eviction take in Delaware?
For unpaid rent, expect about 7 weeks from the first notice to the lockout, and anywhere from 4.5 to 12.5 weeks if the tenant fights it or the court is busy.
Not legal advice. Estimates from public sources, checked Oct 17, 2026. Laws vary by county and city; talk to a local attorney before you act.
What would a rental in Delaware actually earn?
We'll prefill Delaware's numbers and include the eviction cost from this page.
- Median rent $1,530/mo
- Property tax 0.47%–0.48%
- Insurance $478–$1,419/yr
- Vacancy 5.3%–7.6%
The Delaware eviction timeline
Each step comes from Delaware's rules, with the source linked. The typical case adds up to about 7 weeks; a contested hearing adds about 3 more. Timeline model.
- 1
Notice to pay or leave
7 days7 days to pay before the landlord can file (Del. Code tit. 25, § 5502(a): notice period 'not less than 7 days')
- 2
File and get a judgment
14–42 days · typical 28No written answer; the tenant appears at the Justice of the Peace Court trial. A jury trial must be requested within 10 days of service
- 3
Judgment to lockout
10–17 daysWrit of possession cannot issue until 10 days after judgment (unless stipulated)
- 4
If the tenant appeals
5-day window5 days to request a de novo appeal to a three-justice panel; a bond may be required to stay
Can the tenant pay and stay? Can pay in full during the notice period. official source Source ↗
What an eviction costs in Delaware
Court fees come from the fee schedules we found, and each one says where it applies. Fees we couldn't verify are labeled Unverified and use the national default range. The calculator above adds them to your lost rent.
Court filing fee
Statewide$45Justice of the Peace Court landlord-tenant filing fee $45
Serving the tenant
Unverified · national default$30–$77No official amount verified for Delaware yet, so the calculator uses the national default range.
Sheriff or marshal lockout
Unverified · national default$75–$180No official amount verified for Delaware yet, so the calculator uses the national default range.
Lawyer, uncontested case
National estimate$500–$1,500Flat fees commonly charged when the tenant doesn't fight it. Not specific to this state; big-city rates run higher.
Lawyer, contested case
National estimate$2,000–$5,000+When the tenant contests the case. Not specific to this state.
Median gross rent
Census ACS 2024, 1-year$1,530/moDelaware median gross rent, ±$47. The calculator starts here; change it to your rent.
Statewide rules that can slow things down
Statewide rent control: No
None statewide found in the sources we checked
Statewide just-cause rules: No
None statewide found in the sources we checked
Right to counsel for tenants: No
None statewide found in the sources we checked
Seasonal or weather limits: No
None statewide found in the sources we checked
Required mediation or pre-filing program: No
None statewide found in the sources we checked
Delaware scores 73 out of 100
Faster timelines, fewer chances to pay-and-stay and fewer statewide tenant protections score higher.
Delaware eviction FAQ
How long does an eviction take in Delaware?
A nonpayment eviction in Delaware typically takes about 7 weeks from notice to lockout, with a range of roughly 4.5 to 12.5 weeks. Contested cases, court backlogs and appeals can take longer. This is an LandlordCost estimate built from the state's notice period and court deadlines, last checked Oct 17, 2026.
How much notice does a landlord have to give for unpaid rent in Delaware?
7 days to pay before the landlord can file (Del. Code tit. 25, § 5502(a): notice period 'not less than 7 days').
Can a tenant stop an eviction in Delaware by paying the rent?
Can pay in full during the notice period.
How much does it cost to file an eviction in Delaware?
The court filing fee is $45 statewide. Service and lockout fees are extra. Lawyer fees commonly run about $500-$1,500 for an uncontested case (a national estimate).
How much does it cost to evict a tenant in Delaware?
A typical uncontested nonpayment eviction in Delaware costs a landlord roughly $3,100 to $4,300: about 7 weeks of lost rent at the median rent of $1,530/month (about $2,500), court and service fees of about $150-$302 (some are national defaults because we could not verify them), and lawyer fees of about $500-$1,500 (a national estimate). A contested case running about 12.5 weeks can pass $6,700. These are LandlordCost estimates (Census ACS 2024 rent); they leave out rent owed before the notice, turnover and re-rent time.
Is Delaware landlord-friendly for evictions?
Delaware scores 73 out of 100 on the LandlordCost landlord-friendliness score (timeline 29.2/50, right to cure 14/20, statewide tenant protections 30/30). The formula is on our methodology page.
Sources and last-checked dates
Not yet verified for Delaware: service fee, lockout fee. Fields we couldn't source are labeled unverified, never guessed. Download the data: states.json · states.csv.
- Notice periodofficial sourcedelcode.delaware.gov ↗
- Notice period (backup)secondary sourcenolo.com ↗
- Court deadlinesofficial sourcecourts.delaware.gov ↗
- Judgment to lockoutofficial sourcecourts.delaware.gov ↗
- Appealofficial sourcedelcode.delaware.gov ↗
- Filing feeofficial sourcecourts.delaware.gov ↗
- Service feeunverifiednone found
- Lockout feeunverifiednone found
- Right to cureofficial sourcedelcode.delaware.gov ↗
- Median rentofficial sourcewww2.census.gov ↗
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