Delaware COVID-19 Eviction Protections and What Renters Need to Know

If you are renting in Delaware and worried about eviction due to COVID-19 impacts, it's important to stay updated on your legal rights and any ongoing protections. While many emergency eviction bans have expired, some pandemic-related protections and processes remain in place to help Delaware renters who are struggling due to lost income or illness. This guide will explain the latest status, the main forms you might need, and steps you can take if facing eviction.

Current Status of COVID-19 Eviction Protections in Delaware

Most statewide COVID-19 emergency eviction bans in Delaware ended in 2021. However, certain rules and processes—like requirements for landlords to notify tenants and offer mediation—continue to affect evictions, especially for nonpayment of rent that occurred during the pandemic.

• The Delaware Justice of the Peace Court oversees residential eviction cases and has set up specific procedures related to pandemic impacts. See Delaware JP Court Landlord-Tenant Resources.
• While there is no current statewide eviction moratorium in effect, tenants may still have protections if they have applied for rental assistance or face eviction for reasons tied to COVID-19 hardship.
• Federal eviction moratorium protections are not currently active, but renters awaiting emergency rental assistance should notify their landlord and the court, as this may postpone certain actions temporarily.

Delaware’s Rental Assistance and Mediation Options

The Delaware Housing Assistance Program (DEHAP) no longer accepts new applications, but renters who are in the process or have a pending rental assistance claim should communicate this status both to their landlord and in any court proceedings.

Mediation services may be available through the Delaware Justice of the Peace Court to help renters and landlords reach an agreement outside formal eviction.

Your Rights: Notices and the Eviction Process Post-COVID

Delaware law requires that landlords provide written notice before filing for eviction for most lease violations, including nonpayment of rent.^[1] The process involves several steps and, if unresolved, a court hearing:

• Notice to Tenant (Form CF01): Used by landlords to formally notify you of lease violations or nonpayment. It gives you a clear explanation and opportunity to remedy the situation. Download the Official Notice to Tenant.
• If you believe your inability to pay rent is due to COVID-19 hardship or you have a pending rental assistance application, you should notify your landlord in writing and keep all records.
• Summons (JP Form No. 1): If you do not resolve the notice, you may receive a court summons for a hearing. Respond promptly and appear in court as instructed. Learn about the Official Summons for Possession.

Both forms are handled through the Delaware Justice of the Peace Court, which is the official tribunal for residential landlord-tenant cases.

If You Receive an Eviction Notice due to Pandemic Hardship

If your eviction is related to financial hardship from COVID-19, Delaware courts may consider this as part of your defense. You may request mediation or ask the judge to consider your circumstances.Tell the court and your landlord if you have applied for (or are waiting for) rental assistance, and bring documentation to any hearing.

Always respond to court notices promptly. Missing deadlines could result in losing your case by default and being ordered to vacate your home.

Key Delaware Forms for Renters Facing Eviction

• Notice to Tenant – CF01
  • When used: Landlords must give this to tenants to formally state the reason for lease violation or nonpayment and offer a chance to fix the problem.
  • Example: If you miss rent due to COVID-19, your landlord gives you this notice. You can pay the owed rent or explain/document your hardship.
  • Official Notice to Tenant Form (CF01)
• Summons – JP Form No. 1
  • When used: Served if issues aren’t resolved after notice. Tells you when and where your court hearing is.
  • Example: You receive this after notice if your landlord proceeds with court action.
  • Official Summons for Possession (JP Form No. 1)

Eviction Law and Where to Find Help

Delaware’s rules for residential tenancies are found in the Delaware Residential Landlord-Tenant Code.^[1] The Justice of the Peace Court handles all legal eviction hearings. Stay up-to-date through their landlord-tenant section and always use official forms.

Frequently Asked Questions

1. Are any COVID eviction bans still in place in Delaware?
   Most statewide bans have ended, but court procedures and mediation options for pandemic hardship are still available. Always check your latest court notices for updates.
2. What should I do if I get an eviction notice related to missed rent during COVID-19?
   Communicate with your landlord, gather documentation about your hardship, and ask the court about mediation or legal help. Respond to all court documents on time.
3. Can I still apply for rental assistance in Delaware?
   The main federal and state programs (like DEHAP) are closed to new applications, but you may have pending support. Check with the Delaware State Housing Authority for updates.
4. Which court handles eviction cases for renters?
   The Delaware Justice of the Peace Court processes all landlord-tenant eviction filings and hearings.
5. Where can I find the official forms for eviction or tenant notice?
   All forms, including the Notice to Tenant (CF01) and Summons (JP Form No. 1), are available on the Delaware Courts website's landlord-tenant forms section.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court Landlord-Tenant Resources – Official tribunal for eviction proceedings
• Delaware State Housing Authority Renter Support – Housing help, emergency assistance updates
• Delaware Residential Landlord-Tenant Code – Full text of state rental law
• Legal Services Corporation of Delaware – Free legal assistance for eligible renters

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1. ^[1] Delaware Residential Landlord-Tenant Code, especially § 5108 (Notice) and § 5513 (Remedies and procedures).

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