Short answer. Cases go to the Justice of the Peace Court. No written answer is needed; the tenant must appear in court on the date in the summons or lose by default. Who carries out a lockout: constable.
At a glance
- Court
- Justice of the Peace Court. Landlord-tenant (summary possession) cases are tried in the Justice of the Peace Court.
"landlord/tenant disputes are tried in the Justice of the Peace Court."
Source 2 - Filing fee
- $45 to file a landlord-tenant case, per the Justice of the Peace Court's fee page (updated November 2021); serving a writ of summary possession is $40 more. The court's undated booklet still lists $40.
"Landlord/Tenant: Filing Fee $45"
Source 5 - Hearing after filing
- The summons must be served at least 5 days (and no more than 30 days) before the hearing, so the hearing is at least 5 days after filing; mediation must be finished at least 48 hours before trial.
"shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard"
Source 6 - Time to answer or appear
- No written answer is needed; the tenant must appear in court on the date in the summons or lose by default.
"A defendant does not have to file any written answer in a summary possession case"
Source 4 - Judgment to writ
- The writ of possession can't issue for 10 days after judgment unless an appeal is filed; the landlord must ask for it within 30 days.
"A writ of possession may not issue for 10 days following judgment, unless an appeal has been filed."
Source 3 - Writ to lockout
- When the writ is executed, the people to be removed get at least 24 hours' notice to leave.
"the person(s) to be removed will be given at least 24-hours notice that they must vacate the premises"
Source 4 - Who carries out the lockout
- Constable. A constable carries out the writ of possession.
"A court order that authorizes a constable to remove unlawful persons from a property"
Source 3 - Paying to stop the case
- Paying everything owed before the landlord asks for the writ of possession stops the eviction; if payment comes after the writ issues, the landlord must make reasonable efforts to stop it.
"If all monies owed are paid before the landlord asks the Court for a writ of possession"
Source 4 - Right to counsel (statewide)
- Yes. Income-eligible tenants facing eviction may get free legal representation; call 211 or see bit.ly/EvictionHelpDE. Note: The National Coalition for a Civil Right to Counsel lists Delaware's 2023 law as an eviction defense program rather than a full right to counsel (it limits eligibility to 200% of the poverty level and has exceptions); the official court page's answer is kept.
"Tenants who are income-eligible may be able to have free legal representation if they are facing eviction."
Source 4 - Diversion or mediation (statewide)
- Yes. The Justice of the Peace Court runs a free residential eviction diversion program with negotiation and mediation; landlords must take part.
"The Court provides a free residential eviction diversion program for landlords and tenants involved in eviction cases."
Source 4
Sample timeline: filed Monday, December 7, 2026
Earliest under the statute; courts' calendars often take longer.
Need the other side served? Process serving with an affidavit of service.
- Answer or appear: Saturday, December 12, 2026
- Hearing or trial: Saturday, December 12, 2026
- Judgment: Saturday, December 12, 2026
- Writ or warrant of possession: Tuesday, December 22, 2026
- Earliest lockout: Wednesday, December 23, 2026
Another date: open the estimator.
Want us to handle it?
A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice.
Price: Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.
Help the official pages point to
- Paying everything owed before the landlord asks for the writ of possession stops the eviction; if payment comes after the writ issues, the landlord must make reasonable efforts to stop it.
- The Justice of the Peace Court runs a free residential eviction diversion program with negotiation and mediation; landlords must take part.
- Income-eligible tenants facing eviction may get free legal representation; call 211 or see bit.ly/EvictionHelpDE.
Worth knowing
Either side has five business days after the judgment to ask for an appeal, and a cash bond may be required to keep the eviction from going ahead.
Official sources
- Delaware Courts: Civil Court Proceedings, Justice of the Peace Court (checked November 2026)
- Delaware Courts: How to File and Defend a Civil Claim in the Justice of the Peace Court (checked November 2026)
- Delaware Courts: Justice of the Peace Court Glossary of Legal Terms (checked November 2026)
- Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court (checked November 2026)
- Delaware Courts: Justice of the Peace Court Civil Fees (updated 11/05/2021) (checked November 2026)
- Delaware Code, Title 25, Chapter 57 (Summary Possession) (checked November 2026)
General information, not legal advice; we are not lawyers. Not a court form. Earliest under the statute; courts' calendars often take longer.
Common questions
Which court hears eviction cases in Delaware?
Justice of the Peace Court. Landlord-tenant (summary possession) cases are tried in the Justice of the Peace Court.
How long does a tenant in Delaware have to respond?
No written answer is needed; the tenant must appear in court on the date in the summons or lose by default.
How soon after filing is the Delaware hearing?
The summons must be served at least 5 days (and no more than 30 days) before the hearing, so the hearing is at least 5 days after filing; mediation must be finished at least 48 hours before trial. That's the statute's window; the court's own calendar decides the actual date.
When can a Delaware landlord get the writ after winning?
The writ of possession can't issue for 10 days after judgment unless an appeal is filed; the landlord must ask for it within 30 days.
How long between the writ and a lockout in Delaware?
When the writ is executed, the people to be removed get at least 24 hours' notice to leave.
Who carries out an eviction in Delaware?
Constable. A constable carries out the writ of possession. The officer acts on the court's order.
Can paying the rent stop a Delaware eviction case?
Paying everything owed before the landlord asks for the writ of possession stops the eviction; if payment comes after the writ issues, the landlord must make reasonable efforts to stop it.
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