Skip to content

Being Evicted

25 Del. C. § 5502 — 7 days' notice to pay, mediation before trial, and the right to pay and stay until the writ is carried out

  • For unpaid rent, the landlord demands payment in writing and gives at least 7 days to pay before filing an action for summary possession.
  • Paying all rent due before the landlord files ends the right to file for that unpaid rent, and the landlord may not refuse payment, from the tenant or anyone on the tenant's behalf.
  • For a broken rule, the landlord gives written notice and at least 7 days to correct it, except for a breach that causes or threatens irreparable harm.
  • 25 Del. C. § 5502
  • 25 Del. C. § 5513
Email

Once an action for possession is filed, the case is scheduled for mediation, and a trial may not begin until the landlord has taken part, unless the tenant does not engage within 15 calendar days after service.

The right of redemption. In a case for unpaid rent, the tenant may pay all past due amounts the court sets, with court costs, at any time before the eviction is actually carried out, and the judgment is vacated. A payment from a charity or a government agency counts. The right is not available to a tenant with 2 judgments for unpaid rent in the 18 months before.

  • 25 Del. C. § 5716A

After a final judgment and the time for appeal, the court issues a writ of possession. The officer gives at least 24 hours' notice and carries it out between sunrise and sunset, and property left behind may be stored by the landlord for 7 days.

  • 25 Del. C. § 5715

A particular case is a question for a licensed Delaware attorney or a legal aid office.

  • 25 Del. C. § 5502
Sources for this section (5)
  1. 25 Del. C. § 5502 — Landlord remedies for failure to pay rent
  2. 25 Del. C. § 5513 — Landlord remedies relating to breach of rules and covenants
  3. 25 Del. C. § 5702A — Residential eviction diversion program
  4. 25 Del. C. § 5716A — Stay of proceedings by the court; right of redemption
  5. 25 Del. C. § 5715 — Execution of judgment; writ of possession

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

On the clock

5 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

Every deadline in the file →

From here

Walked through

This section is the long version of a step in 2 walkthroughs. Each one takes the same law one decision at a time, with both sides of the moment written out.