Delaware's summary possession runs through the Justice of the Peace Court. Notice content requirements are specific.
Delaware's eviction process is called a Summary Possession action and is governed by the Delaware Landlord-Tenant Code (Title 25). Cases are filed in the Justice of the Peace Court, which has dedicated landlord-tenant divisions in each county. Delaware is moderately balanced between landlord and tenant protections. Uncontested cases typically resolve within four to six weeks of filing.
Summary possession cases are filed in the Justice of the Peace Court in the county where the property is located. Delaware has only three counties — New Castle, Kent, and Sussex — and each has its own JP Court system handling landlord-tenant cases. Delaware also has a state Tenant Protection Act that provides certain protections beyond the basic Landlord-Tenant Code.
For non-payment of rent, Delaware requires a 5-day written demand notice (Title 25, 5502). The notice must state the amount owed and inform the tenant that the rental agreement will be terminated unless payment is received within five days. Delaware also requires that the notice include specific statutory language explaining the tenant's rights.
For lease violations other than non-payment, Delaware generally requires a 7-day notice to cure or quit for material breaches. Some violations such as illegal activity allow for shorter notice periods. For repeat violations within one year, the cure opportunity may not be required.
For month-to-month tenancies without cause, Delaware requires 60 days written notice. This is one of the longer notice periods in the country for ending a no-fault month-to-month tenancy. Deliver notices by personal service, posting on the property and mailing, or certified mail.
After the notice period expires, file a summary possession complaint in the Justice of the Peace Court covering the property's county. Filing fees in Delaware are typically $45 to $75. The court will issue a summons that must be served on the tenant.
The tenant must respond by the date set on the summons. Delaware JP Courts schedule hearings quickly — often within 10 to 15 days of filing. Failure to appear can result in default judgment.
Delaware JP Court hearings in summary possession cases are informal but follow the rules of evidence. Bring your lease, the demand notice, proof of service, your rent ledger, and any documentation of violations. The justice of the peace will hear both sides and typically issue a ruling at the conclusion of the hearing.
If you prevail, the court issues a writ of possession after a brief stay period. The tenant has 5 days to appeal to the Court of Common Pleas. Appeals are stayed only if the tenant posts bond covering rent and costs.
New Castle County is Delaware's most populous county and includes Wilmington, the state's largest city. The county handles the majority of Delaware's eviction filings through the Justice of the Peace Courts at locations including Wilmington, Newark, and Middletown. New Castle County's rental market is the most active in the state.
Sussex County, in southern Delaware, includes the popular beach communities of Rehoboth Beach, Lewes, and Bethany Beach. The county has seen significant population growth driven by retirees and remote workers. Eviction filings go to the Sussex County Justice of the Peace Court system. For detailed landlord-tenant law specific to each county — including JP Court locations, contacts, and procedural details — see New Castle County landlord-tenant law and Sussex County landlord-tenant law.
Delaware's Landlord-Tenant Code includes specific notice content requirements that are easy to miss. Notices missing the required statutory language can be ruled defective. See the full Delaware landlord-tenant law guide for notice templates, security deposit rules, and information specific to all three Delaware counties.
Once the writ of possession issues, the Justice of the Peace Court constable executes the writ. Execution typically occurs within 7 to 14 days. Be present with a locksmith. Document the unit's condition with photographs.
Delaware law specifies handling of abandoned tenant property. Provide notice and reasonable opportunity for retrieval before disposal. Keep records of all communications and the inventory of property left behind.