Trends in eviction filings:

Delaware

3 of 3 counties/municipalities tracked

51,034

Filings since March 16, 2020

1,141

Filings in February 2025

79.8%

of landlords have representation in court in 2022 (of 11,071 cases disposed)

4.1%

of tenants have representation in court in 2022 (of 11,071 cases disposed)

About this state

49.1%

nationally

^(46.74%)

Rent burdened residents

10.7%

^(12.75%)

Poverty rate

Eviction Filings and Defaults in Delaware

During the COVID-19 pandemic, there was a state-wide moratorium on evictions from March 17, 2020 to July 1, 2020.

The CDC moratorium was in place from September 4, 2020 through August 26, 2021.

Between

and

Eviction Filings by Jurisdiction

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County	Filings	Filings rate	Latest month's filings	Poverty rate

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Policy Summary for Delaware

The policy summary below provides a "snapshot" of eviction laws and procedures. Unless otherwise specified in a gray information button below, the information presented here was current as of January 1, 2021. If you have questions or concerns, please reach out to us at civilcourtdata@lsc.gov.

Notice stage

Does the law outline a process by which tenants can lawfully withhold rent in response to issues with their landlord?

N/A

Are landlords required to give renters a notice to vacate before filing for eviction for nonpayment of rent?

Minimum lawful period for notice to vacate for nonpayment of rent

N/A

Are landlords required to give renters a notice to vacate before filing for eviction for reasons other than nonpayment of rent?

Minimum lawful period for notice to vacate for reasons other than nonpayment of rent

N/A

Filing stage

Does the jurisdiction require landlords to have a "just cause" to file for eviction?

Does the jurisdiction require landlords to participate in an eviction diversion program prior to filing?

N/A

Minimum time period between the day rent is due and the first day a landlord can file for eviction for nonpayment of rent

N/A

Which courts have original jurisdiction over eviction cases?

Justice of the Peace

Total required fee to file an eviction case

45

Is information on legal services required in the notice to vacate?

N/A

Hearing stage

What is the minimum number of days a tenant must be served with a summons before they are required to "respond"?

N/A

What must a tenant do to "respond" to a summons once it is received?

N/A

Is information on legal services required in the summons?

N/A

Can tenants pay back rent owed to stop evictions for nonpayment after filing but before the first hearing?

N/A

Is there an active right to counsel program in place?

N/A

Court decision stage

Are tenants permitted to appeal an eviction judgment?

N/A

Up to how many days after an eviction judgment can a tenant file an appeal?

N/A

Is the tenant required to pay a bond as part of the appeal?

N/A

What is the minimum number of days after an eviction judgment that a writ can be issued?

N/A

What is the minimum number of days after an eviction writ is issued that it can be executed?

N/A

Can tenants pay back rent owed to stop evictions for nonpayment after an eviction judgment but before the writ is executed?

N/A

Is there a law or court rule that automatically seals some eviction cases?

N/A

Is there a law or court rule regulating the disclosure of eviction information on credit reports or tenant screening reports?

N/A

About the Data

Please cite the data as: Civil Court Data Initiative. Legal Services Corporation, 2022. (accessed TODAY’s DATE).

Cases filed under a case type containing any of the following terms or with any of the following event information are considered evictions: 61 - JP LANDLORD TENANT, MY - WRIT OF POSSESSION, CI - EJECTMENT

Census data comes from the following 2021 American Community Survey (ACS) 5-year tables: B25070 (rent burden), B25032 (housing units), and B25008 (renter and total population).