Eviction Help

Free Legal Help for Delaware Tenants in Eviction and Loss of Public Housing/Housing Voucher Cases


If you are facing eviction or loss of your housing subsidy (voucher), you may have the right to FREE legal representation from one of Delaware’s three non-profit legal assistance organizations. 

Contact us RIGHT AWAY to see if we can help you:

       OR

  • For questions and help completing the online intake, call Delaware 211 at 2-1-1 or 800-560-3372  

    • Delaware 211 specialists are available to assist you with the intake and answer your questions

    • This service is free, confidential, and available in multiple languages, including Spanish and Haitian Creole

    • Hours of operation are Monday to Friday, 8:00 a.m. to 9:00 p.m.


Click here for our program flyer in English, Spanish, and Haitian Creole: Delaware Legal Aid for Eviction Defense Program Flyer

Please see below for additional resources and information about program eligibility.

Who We Are

In 2023, Delaware’s General Assembly passed a new law creating the Right to Legal Representation in Evictions and Other Landlord-Tenant Actions. The law gives eligible low-income Delaware tenants access to free legal representation in eviction and housing subsidy (voucher) termination cases.

Legal representation will be provided by Delaware’s three non-profit civil legal assistance organizations: Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services (DVLS), and Legal Services Corporation of Delaware (LSCD). Services will be phased in over three years starting on November 22, 2023.

Note: As this new program phases in, we are currently giving priority to low-income tenants who live in the below zip codes. Even if you don’t live in one of these zip codes, we may still be able to help you. Please contact us to see if you are eligible. 

  • 19702

  • 19703

  • 19801

  • 19901

  • 19904

  • 19947

  • 19962

  • 19966

  • 19973

Do Not Ignore Your Evictions Case

Delaware’s legal assistance organizations can help you stand up for your rights. We can help:

  • Before an eviction case is filed
  • When you go to court

Contact us RIGHT AWAY if you want to do any of the following:

  • Stop the eviction
  • Get more time to move out
  • Protect your property
  • Avoid an eviction judgment
  • Fight housing discrimination

If you have a court date, you must attend your hearing or you will lose.

When To Contact Us

Contact us RIGHT AWAY if:

  • You are being evicted
  • You received a letter from your landlord or the court
  • Your landlord locked you out of your home or cut off your utilities
  • You received a notice on your door saying you have to leave your home
  • You are in danger of losing your Section 8 voucher or other income-based housing
  • Your landlord has treated you differently based on your race, gender, color, religion, home country, or disability, or because you have kids
  • You are a person with a disability and are having problems with your housing
  • You believe you have a legal issue related to your rental housing
     

Other Tenant Resources

Housing Stability Program (HSP)
The eight agencies listed below can help you apply for the state's Housing Stability Program (HSP), which can provide up to $1,800 per month for up to three months in financial assistance for rental arrears, late fees, and security deposits. Contact them for additional information.

Catholic Charities
www.ccwilm.org
(302) 655-9624

Dual Generations
https://www.christinak12.org/stubbseec
(302) 434-6960

First State Community Action Agency
www.firststatecaa.org
(302) 856-7761

Interfaith Community Housing of Delaware
www.ichde.org
(302) 652-3991

Metropolitan Wilmington Urban League
https://mwul.org
(302) 622-4300

NeighborGood Partners
https://www.neighborgoodpartners.org
(302) 678-9400

Housing Opportunities of Northern Delaware
https://www.hond.org
(302) 429-0794

New Castle County Department of Housing
(302) 328-6200


Delaware 211
Delaware 211 is a free, confidential service that connects people in Delaware to resources throughout the state. Their specialists can also help you complete the online intake for legal assistance. To reach them, you can:

  • Dial 2-1-1

  • Call (800) 560-3372

  • Visit delaware211.org

  • Text your zip code to 898-211

Hours of operation are Monday to Friday, 8:00 a.m. to 9:00 p.m. Services are available in multiple languages.

Conditions Issues

If you are having issues with conditions in your rental unit, you can:

Put Your Repair Request in Writing

First, you should request any repairs in writing. You should keep a copy of the letter you send to your landlord.  You should send the letter by certified mail from the post office so that you have proof that you sent the letter.

You should not withhold rent unless an attorney has advised you to do so.  You should continue to pay rent as you normally would.

Contact a Government Housing Enforcement Agency

Second, you may contact the government housing enforcement agency in your area to complain about the problems in your home:

  • Wilmington Licenses & Inspections
    (302) 576-3030
  • New Castle County Code Enforcement
    (302) 395-5555
  • Newark Code Enforcement
    (302) 366-7000
  • Kent County Inspections and Enforcement Unit
    (302) 744-2451
  • Sussex County Building Code Inspection Office
    (302) 853-0104

The agencies listed above can impose fines or other penalties on landlords if their properties violate housing codes. Please be aware that these agencies can also condemn your home if the conditions you are reporting are a threat to health or safety.

Also, if you have a Section 8 Housing Choice Voucher or SRAP Voucher, you should contact your case worker to schedule a special inspection with the Housing Authority.

Know Your Rights

Your landlord or housing authority must provide notice explaining your right to legal representation at the following times:

  • When you enter a rental agreement and on the first renewal or modification of a rental agreement
  • If they give you any of the following notices:
    • notice of nonpayment under
      25 Del. C. § 5502
    • notice of lease violation under
      25 Del. C. §5513
    • notice of lease termination under
      25 Del. C. §5106
    • notice to terminate a state or federal housing subsidy
  • If you have a court hearing and your landlord did not provide you with this notice, you can ask the judge for a continuance (to have the case delayed to a later date)

It is against the law for your landlord to:

  • Change the locks without getting a court judgment against you first
  • Turn off the electricity, gas, or water
  • Take any of your property
  • Threaten to hurt you or anyone else if you don’t pay your rent

Who Is Eligible for Help?

When the law is fully implemented, Delaware tenants will have a right to free legal representation if:

  • They have a low income
    • The household income in the past 12 months must be at or below 200% of the federal poverty guidelines– click here to view the 2024 guidelines
  • Their landlord is not exempt
    • Landlords are exempt if they own three or fewer rental units, are not an LLC, and they are not represented by a lawyer or agent
  • The legal assistance organizations are able to provide representation

During the three-year phase-in period, the legal assistance organizations will gradually expand their capacity to assist tenants as funding and staffing permit. Because the organizations will not be able to assist all eligible tenants right away, the law allows the organizations to use additional eligibility criteria to prioritize assistance.

As of September 2024, the organizations are currently giving priority to low-income tenants who live in the following zip codes:

  • 19702

  • 19703

  • 19801

  • 19901

  • 19904

  • 19947

  • 19962

  • 19966

  • 19973

Even if you don’t live in one of these zip codes, you may still be able to receive free assistance. Contact us to see if you are eligible.

Did You Get a Summary Possession or Late Rent Letter?

If you get a summary possession letter:

  • Do not abandon the property. The “summary possession” letter you have just received is not asking you to leave your home right now. You still have a chance of keeping your housing.
  • Participate in mediation. Your letter will detail an online or in-person mediation option where you may be able to reach an agreement that allows you to stay in your home, such as a payment plan.

If you get a late rent letter:

If you receive a late rent letter, also known as a 5-day letter, you have 5 business days to pay in full, or the landlord can file for possession (ask the court to evict you).

  • It is important to pay within 5 business days to protect your rights
  • If you pay in full before the 5-day period ends, you cannot be evicted for late or nonpayment of rent
  • If you pay after the 5-day period and the landlord gives you a written “reservation of rights,” they may still be able to evict you
    • A reservation of rights can be a simple statement that the landlord accepts payment while also reserving its rights under the landlord tenant code

 

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