EvictionMath › States › Delaware

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.

Not legal advice. Eviction laws change and vary by county and city. These are estimates from public sources, last checked 2026-10-17. Talk to a local landlord-tenant attorney before you act.
7 wkstypical, notice to lockout
7 daysnotice for unpaid rent
$45court filing fee · statewide
73/100landlord-friendliness

Delaware eviction timeline, step by step

  1. 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
  2. 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
  3. Judgment to lockout 10-17 daysofficial source
    Writ of possession cannot issue until 10 days after judgment (unless stipulated) source
  4. 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

CostAmountNotes
Court filing fee$45Statewide: Justice of the Peace Court landlord-tenant filing fee $45 official source source
Serving the tenant$30-$77Not verified for Delaware; the calculator uses the national default range. unverified
Sheriff/marshal lockout$75-$180Not verified for Delaware; the calculator uses the national default range. unverified
Lawyer, uncontested$500-$1,500National rough estimate, not state-specific estimate
Lawyer, contested$2,000-$5,000+National rough estimate estimate
Median gross rent$1,530/moCensus ACS 2024 1-year (±$47) data file

Tenant protections

Statewide rent controlNoNone statewide found in the sources we checked
Statewide just-cause rulesNoNone statewide found in the sources we checked
Right to counsel for tenantsNoNone statewide found in the sources we checked
Seasonal or weather limitsNoNone statewide found in the sources we checked
Required mediation / pre-filing programNoNone statewide found in the sources we checked

Eviction cost calculator for Delaware

Pre-filled with the Delaware median gross rent (Census ACS 2024).
Turnover and re-rent defaults are placeholders. Use your own numbers.

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

FieldSource typeLinkChecked
Notice periodofficial sourcedelcode.delaware.gov2026-10-17
Notice period (backup)secondary sourcewww.nolo.com2026-10-17
Court deadlinesofficial sourcewww.courts.delaware.gov2026-10-17
Judgment to lockoutofficial sourcecourts.delaware.gov2026-10-17
Appealofficial sourcedelcode.delaware.gov2026-10-17
Filing feeofficial sourcecourts.delaware.gov2026-10-17
Service feeunverifiednone yet2026-10-17
Lockout feeunverifiednone yet2026-10-17
Median rentofficial sourcecensus.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)

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