Outline of the Eviction Process in Delaware

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Law: Del. Code Ann. tit. 25, § 5501 to § 5718 (Residential Landlord-Tenant Code).

2. Notice to Quit

• Written Notice to Quit or Correct served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 7-day notice to cure or vacate (if curable).
  • Month-to-month: 60-day notice to terminate.
  • No-fault/end of lease: 60-day notice (e.g., owner occupancy).
  • Illegal activity or repeat violation: Immediate notice (no cure).
  • Holdover tenancy: 7-day notice to vacate.
• Delivery: Hand-delivered, certified mail, or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 7 days).

3. Filing the Eviction Case

• File Summary Possession (Form 15) in Justice of the Peace Court.
• Documents: Complaint, Notice to Quit, lease, proof of service, landlord certification.
• Fee: ~$45–$60 (varies by court).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Constable, sheriff, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), or posted and mailed.
• Tenant must file answer or appear at hearing.

5. Court Hearing

• Held 7–15 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 10 days to Superior Court (requires bond).
• Writ issued: ~10–15 days post-judgment; constable or sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Constable or sheriff removes tenant; landlord stores belongings (7 days).
• Tenant can reclaim property by paying storage costs.
• Law: Del. Code Ann. tit. 25, § 5715.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 7 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties include damages or property return).
• Resources:
  • Community Legal Aid Society (302-575-0660), delawarelegalaid.org, courts.delaware.gov.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: Del. Code Ann. tit. 25, § 5501 to § 5718; courts.delaware.gov; delawarelegalaid.org.