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Eviction timeline in Delaware

Delaware Eviction Timeline

Uncontested: 30–45 days  ·  Contested: 60–120 days  ·  Under 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)

The Delaware eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.

Delaware Eviction Timeline at a Glance1

30–45 days Uncontested
60–120 days Contested
$45–$125 Court filing fee
$500–$3,000 Attorney fees (est.)
#31 of 51 Fastest nationally
Uncontested eviction (after filing) 30–45 days 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)
Contested eviction (after filing) 60–120 days 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)
Pre-filing notice: Non-payment of rent 5 days 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)
Pre-filing notice: Lease violation / cure 7 days 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)
Pre-filing notice: End of term / no-cause 30 days 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)
Court filing fee $45–$125 25 Del. C. § 5101 et seq. (Residential Landlord-Tenant Code)

Step-by-step Delaware eviction process

Day-by-day, every stage.

Each row's day-label is the cumulative start of that stage on the worst-case clock.
Pre-filing Notice File Court Lockout
  1. 5d
    1
    Stage 1 · Gate

    Serve written notice to pay or quit

    Day 1

    Landlord must deliver a written 5-day notice demanding rent or possession. Service must comply with Delaware statute.

  2. 3d
    2
    Stage 2 · Serve

    File eviction complaint (unlawful detainer / forcible entry & detainer)

    Day 6

    If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.

  3. 5d
    3
    Stage 3 · File

    Serve summons and complaint

    Day 9

    The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.

  4. 14d
    4
    Stage 4 · Court

    Court hearing and judgment

    Day 14

    Tenant typically has a short window to file a written answer. If no answer is filed, landlord may obtain default judgment. Contested cases are set for a trial date.

  5. 7d
    5
    Stage 5 · Lockout

    Writ of possession / sheriff lockout

    Day 28

    Upon judgment for the landlord, the court issues a writ of possession. The sheriff or constable posts and then executes the lockout; only law enforcement may physically remove the tenant.

  6. Day 35
    ✓
    Possession recovered
    Worst case · Day 35
Timelines begin at court filing, not notice service. The Delaware timelines above start when the landlord files the eviction complaint with the court. Add pre-filing notice periods (3–60 days depending on eviction reason) to get the full end-to-end timeline. Self-help eviction, changing locks, removing belongings, or shutting off utilities, is illegal in Delaware and exposes the landlord to significant damages.

Other Guides for Delaware

← Delaware Eviction Risk OverviewEviction Costs: DelawareEviction Process: DelawareRent Control Guide: DelawareTenant Screening: DelawareTenant Protections: DelawareTenant Rights: DelawareNotice Templates: Delaware

Eviction Timeline in Other States

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Informational only, not legal advice. Consult a licensed Delaware attorney. Source attribution in the Sources band below.