How Long Does an Eviction Take in Delaware? The Legal Steps and Minimum Waits
A Delaware eviction is a summary possession case with a notice before it and a constable’s writ after it. Here are the steps in order and the minimum waits the statutes set for each.
What are the steps of a Delaware eviction?
A Delaware eviction is a summary possession action. In order:
- A written notice that fits the reason: 7 days to pay or cure, 60 days to end a month-to-month tenancy or a fixed term (25 Del. C. 5502, 5513, 5106).
- A complaint in the Justice of the Peace Court nearest the property, with the notice attached; the court serves the papers (Delaware Courts guide).
- The landlord’s participation in the eviction diversion program, then a trial on the date the court sets.
- A judgment, with a 5-day appeal period (5717).
- A writ of possession, not before 10 days after judgment, executed by a constable with at least 24 hours’ notice (5715).
How long is each wait?
The notice is 7 days or 60 days. After filing, the statutes set no fixed number of days to trial: the Courts say it may take several weeks depending on the court’s caseload. After judgment, there is a 5-day appeal period and the writ cannot issue until 10 days have passed. The Delaware eviction timeline calculator adds the fixed waits for your dates.
Can a tenant stop the case by paying?
For nonpayment, yes. If the tenant pays all rent due before the landlord files and the landlord accepts without reserving its rights, it cannot start a possession case; and under the right of redemption, a tenant facing eviction only for nonpayment can stop it by paying everything owed before it is carried out, unless two nonpayment judgments were entered in the prior 18 months (Delaware Courts).
Can a good-faith dispute delay it?
If the judge rules that the failure to pay rent arose out of a good-faith dispute, the tenant may stay all proceedings by paying all rent due at the date of judgment and the costs, or by filing an undertaking to pay them within 10 days; at the end of that period the court issues the writ unless the tenant shows payment (5716).
Can the landlord skip any step?
No. See self-help evictions in Delaware. A landlord who excludes a tenant without a court order owes treble damages or three times the per diem rent (5313). A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).
What is the legal minimum for an unpaid-rent case?
In the example table below, a 7-day demand given on day 0 allows a filing on day 8; the trial date is set by the court; and once judgment is entered, the writ cannot issue for 10 days and the constable gives at least 24 hours’ notice. The calculator gives the exact dates for yours. It is a minimum, not what to expect.
An example schedule for an unpaid-rent eviction
| When | What can happen |
|---|---|
| Day 0 | A 7-day written demand is given or sent |
| Day 7 | Last day to pay (moves to the next business day if needed) |
| Day 8 | Earliest day to file in the Justice of the Peace Court |
| Set by the court | Trial date, after the diversion program |
| Judgment + 5 days | Appeal period ends |
| Judgment + 10 days | The earliest the writ of possession can issue |
| Next day | The constable can remove the occupants after at least 24 hours’ notice |
The example assumes no legal holiday in the way and that the tenant does not redeem or appeal.
Frequently asked questions
What is the first step of a Delaware eviction?
A written notice that fits the reason, such as a 7-day demand for unpaid rent.
Does a landlord have to go to court to evict in Delaware?
Yes. It must win a summary possession action in the Justice of the Peace Court and have the writ executed by a constable.
How soon is the trial?
The statutes set no fixed number of days; the court schedules it, often several weeks after filing.
How long after judgment can a tenant be removed?
The writ cannot issue until 10 days after judgment, and the constable gives at least 24 hours’ notice.
Can I stop the eviction by paying the rent?
For nonpayment-only cases, yes, until the eviction is carried out, subject to the exception for repeat judgments.
Official sources
- 25 Del. C. 5502: failure to pay rent
- 25 Del. C. 5717: appeals
- 25 Del. C. 5715: writ of possession
- 25 Del. C. 5716: good-faith dispute stay
- Delaware Courts: summary possession guide
- Delaware Courts: right of redemption
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.