The Delaware State Courts will be closed Thursday, July 4, 2024 in observance of Independence Day. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County), and 3 (Sussex County) will remain open.

On Thursday, July 4, 2024, most Justice of the Peace Court locations will be closed in observance of the Fourth of July holiday. Only Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours. Justice of the Peace Court 3 (Sussex County) will be open from 0600-2400 (no new cases after 2300).

  1. Delaware Courts
  2. Justice of the Peace Court

Landlord/Tenant

Right to Representation Notice

SS1 for SB1 created a Right to Representation for certain tenants living in residential properties. Tenants who are income-eligible may be able to have free legal representation if they are facing eviction.

For more information about the program, call 211 or visit bit.ly/EvictionHelpDE.

Landlord Tenant Procedures
How to start, respond to and appeal a landlord tenant claim (summary possession action).

Landlord Tenant Summary Possession Interactive form
Complaint by landlord or tenant to obtain possession of a residential rental unit.

Landlord/Tenant Appeals
A written request to appeal the decision must be made within 5 days after the judgment of the Justice of the Peace Court in which the case was heard.

Manufactured Homes Communities Act (summary)
Summary of the Manufactred Home Communities Act with a comparison to the previous statute.

Landlord/Tenant Code

Information on Civil Proceedings


Residential Eviction Diversion Program

The Court provides a free residential eviction diversion program for landlords and tenants involved in eviction cases. It provides an opportunity for landlords and tenants to discuss a potential resolution of the issues in dispute before resorting to a legal eviction.

The program offers: (a) direct negotiation services for landlords and tenants to try and work out agreements through online messaging ; (b) neutral, trained mediators to help guide conversation between landlords and tenants in reaching an agreement; and (c) mediation conferences with a mediator to help landlords and tenants explore resolution.

BEGIN THE PROGRAM EARLY to allow adequate time to use the program. It can be started any time after the landlord files a complaint for summary possession with the Court.

REGISTER AND LOG ON to the program using the above link to the online dispute resolution website with any internet-connected device (i.e., computer, tablet, smartphone). You will gain access to the online messaging system to communicate and negotiate directly with one another.

If you reach an agreement with the other party, you must complete the written agreement on a form that is filed with the Court. A mediator can be requested if guided assistance is needed to prepare and finalize the agreement.

A mediator can also be requested to conduct a mediation conference to help discuss a resolution of the dispute. Start the process early – mediator assistance is subject to the availability of a mediator.

For more information, review the eviction diversion program procedures listed below.

WHAT A LANDLORD NEEDS TO KNOW:

  • Landlord participation is mandatory.
  • You must participate in the eviction diversion program with the tenant AFTER filing a complaint for summary possession with the Court.
  • The Court will NOT hold a hearing to consider your complaint until you:
    1. participate in the program with the tenant, including any scheduled mediation conference, and
    2. file a Landlord’s Affidavit of Participation in Eviction Diversion Program with the Court at least 5 days before the hearing.
  • Failure to complete these steps may result in dismissal of your complaint or a continuance of the hearing.

WHAT A TENANT NEEDS TO KNOW:

  • You have a limited amount of time to take advantage of the program before the hearing on the landlord’s complaint.
  • You can begin the program any time after the landlord files the complaint for summary possession with the Court.
  • But once you are formally served with the complaint, you have 15 days to begin the program.
  • If you do not register and log on within the 15-day period, and engage in mediation as scheduled, the landlord is then relieved of the obligation to participate in the program.
  • Your failure to engage in or complete mediation may not delay the hearing on the landlord’s complaint, or the scheduling of the hearing.