How long does an eviction take in Delaware?
For unpaid rent, expect about 7 weeks from the first notice to the lockout in Delaware, and anywhere from 4.5 to 12.5 weeks if the tenant fights it or the court is busy.
Delaware eviction timeline, step by step
- Notice to pay or leave 7 daysofficial source
7 days to pay before the landlord can file (Del. Code tit. 25, § 5502(a): notice period 'not less than 7 days') source · secondary source - File the case and get a judgment about 14-42 days (typical 28)official source
No written answer; the tenant appears at the Justice of the Peace Court trial. A jury trial must be requested within 10 days of service source - Judgment to lockout 10-17 daysofficial source
Writ of possession cannot issue until 10 days after judgment (unless stipulated) source - If the tenant appeals 5-day windowofficial source
5 days to request a de novo appeal to a three-justice panel; a bond may be required to stay source
Timeline model: notice + filing-to-judgment window + judgment-to-lockout window; the high case adds 21 days for a contested hearing. Methodology.
Can the tenant pay and stay?
Can pay in full during the notice period. official source source
Eviction costs in Delaware
| Cost | Amount | Notes |
|---|---|---|
| Court filing fee | $45 | Statewide: Justice of the Peace Court landlord-tenant filing fee $45 official source source |
| Serving the tenant | $30-$77 | Not verified for Delaware; the calculator uses the national default range. unverified |
| Sheriff/marshal lockout | $75-$180 | Not verified for Delaware; the calculator uses the national default range. unverified |
| Lawyer, uncontested | $500-$1,500 | National rough estimate, not state-specific estimate |
| Lawyer, contested | $2,000-$5,000+ | National rough estimate estimate |
| Median gross rent | $1,530/mo | Census ACS 2024 1-year (±$47) data file |
Tenant protections
| 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 / pre-filing program | No | None statewide found in the sources we checked |
Eviction cost calculator for Delaware
| What | Typical | Low to high |
|---|
Full timeline and sources · Total = rent × (months behind + months to evict + months to re-rent) + court fees + lawyer + turnover. How we calculate.
Tenant screening
Reserved for a tenant-screening partner (credit, eviction and background checks). No partner yet; nothing here is a recommendation.
Rent-guarantee insurance
Reserved for a rent-guarantee or landlord insurance partner that covers unpaid rent and eviction costs. No partner yet.
Landlord-friendliness score: 73/100
Timeline 29.2/50 · right to cure 14/20 · statewide protections 30/30. How the score works.
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 EvictionMath estimate built from the state's notice period and court deadlines, last checked 2026-10-17.
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).
Is Delaware landlord-friendly for evictions?
Delaware scores 73 out of 100 on the EvictionMath 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
| Field | Source type | Link | Checked |
|---|---|---|---|
| Notice period | official source | delcode.delaware.gov | 2026-10-17 |
| Notice period (backup) | secondary source | www.nolo.com | 2026-10-17 |
| Court deadlines | official source | www.courts.delaware.gov | 2026-10-17 |
| Judgment to lockout | official source | courts.delaware.gov | 2026-10-17 |
| Appeal | official source | delcode.delaware.gov | 2026-10-17 |
| Filing fee | official source | courts.delaware.gov | 2026-10-17 |
| Service fee | unverified | none yet | 2026-10-17 |
| Lockout fee | unverified | none yet | 2026-10-17 |
| Median rent | official source | census.gov (ACS B25064) | 2026-10-17 |
Not yet verified for Delaware: service fee, lockout fee. Fields we couldn't source are left blank, never guessed. Found an error? Laws change; tell us via the newsletter reply.
Compare similar states
Pennsylvania (73, 7 wk) · Minnesota (72, 4.5 wk) · New Hampshire (74, 5 wk) · Indiana (71, 7.5 wk) · Michigan (75, 4 wk)