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
Information for Landlords
Notice to Delaware Landlords Regarding Right to Representation
Required Notice for Landlords to Provide to Tenants Regarding Right to Representation:
Delaware Landlord-Tenant Code
2025 Federal Poverty Guidelines
Other Tenant Resources
Delaware 211
Delaware 211 is a free, confidential service that connects people in Delaware to a variety of resources throughout the state. Their specialists can also help you complete the online intake for free legal assistance if you are facing eviction. To reach them, you can:
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Dial 2-1-1
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Call (800) 560-3372
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Visit delaware211.org
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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
- notice of nonpayment under
- 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?
Under the Right to Representation program, Delaware tenants have a right to free legal representation if:
- 1) 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 2025 guidelines
- 2) 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
- 3) And the legal assistance organizations are able to provide representation
As this new program phases in, the legal assistance organizations will gradually expand their capacity to assist tenants as funding and staffing permit, and the law allows the organizations to use additional eligibility criteria to prioritize assistance if necessary.
Although we can typically assist all income-eligible tenants statewide, if demand for our services exceeds capacity, we may need to give priority to tenants living in the following zip codes:
19702: Newark/Christiana
19703: Claymont
19720: New Castle
19801: Wilmington
19804: Wilmington/Newport/Stanton
19807: Wilmington/Greenville
19809: Wilmington
19901: Dover
19904: Dover
19947: Georgetown
19956: Laurel
19962: Magnolia
19963: Milford
19966: Millsboro
19969: Nassau/Lewes/Sussex
19973: Seaford
19977: Smyrna
Again, we typically can help all income-eligible tenants facing eviction, even if they don’t live in one of these zip codes. 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
Helpful Links
Delaware Court Eviction Process Overview
Searchable List of Court Forms
Tenants' Rights Q&A - Community Legal Aid Society, Inc.
Evictions Guide - Legal Services Corp. of Delaware
Delaware Tenants’ Rights in Private Housing - Workshop Video
Delaware Tenants’ Rights in Subsidized Housing - Workshop Video
Delaware Landlord-Tenant Code Summary for Tenants
Sample Receipt for Rent Money
Sample Rent Payment Record
Sample Request for Repairs Letter
Sample Request for Return of Security Deposit
Interactive Request for Return of Security Deposit
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 is 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 are being phased in over three years, starting on November 22, 2023.