25 Del. C. ch. 57 § 5702A
Residential eviction diversion program
Operative Text
(a) (1) Not later than April 27, 2024, the Justice of the Peace Court or the Court’s designee shall establish a residential eviction diversion program to facilitate post-filing eviction dispute resolution between landlords and tenants, which must include all of the following: a. An initial mediation conference between a landlord and tenant to facilitate an agreement for asserted rental agreement violations or nonpayment of rent. b. A designated United States Housing and Urban Development certified housing counselor or other representative approved by the Justice of the Peace Court or the Court’s designee for the tenant that does all of the following: 1. Participates in the initial mediation conference. 2. Engages with the tenant before the initial mediation conference to educate and discuss available resources. c. Any other dispute resolution methods established under the residential eviction diversion program. (2) The Justice of the Peace Court or the Court’s designee may limit or otherwise modify the scope of services provided by the residential eviction diversion program to ensure that the cost of the program does not exceed the funding allocated to the program and to ensure that the number of staff required to run the program does not exceed the number of staff available. (b) In designing and implementing the residential eviction diversion program, the Justice of the Peace Court or the Court’s designee may be guided by the Residential Mortgage Foreclosure Mediation Program established by the Superior Court under Superior Court Administrative Directive 2013-2 and any subsequent changes made by Superior Court. (c) (1) Except as provided under paragraph (c)(2) of this section, after a landlord has filed an action for possession under this chapter, the case is to be scheduled for mediation. Mediation is to be scheduled during the period between filing and trial. A trial may not commence until the landlord has engaged in mediation, except in cases where a tenant fails to engage in mediation within 15 calendar days after service of process. Mediation must be scheduled and completed at least 48 hours before the trial date. A tenant’s failure to engage in or complete mediation may not delay the scheduling or commencement of trial. (2) A landlord may not be required to participate in the residential eviction diversion program in a proceeding under §§ 5115 or 5513(b) or (c) of this title, or where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused or threatens to cause substantial or irreparable harm to landlord’s or other tenant’s person or property.
Section 5702A of Title 25 of the Delaware Code requires the Justice of the Peace Court to operate a residential eviction diversion program that steps in after an eviction case is filed but before trial. The program centers on a mediation conference between landlord and tenant, supported by a HUD-certified housing counselor who prepares the tenant and participates in the session. Mediation must be completed at least 48 hours before trial, though the process cannot be used to delay trial if a tenant fails to engage within 15 calendar days of being served, and certain serious-harm or specific-proceeding situations exempt landlords from participation entirely.
Plain English — not legal advice.
Under 25 Del. C. § 5702A, once a landlord files a possession action, the case is generally placed into the eviction diversion program and scheduled for mediation before trial can begin. Compliant operators typically engage in the mediation conference in good faith and track the 15-calendar-day window after service of process, since a tenant's failure to engage within that period removes the bar on proceeding to trial. Landlords involved in proceedings under §§ 5115 or 5513(b)/(c), or who can demonstrate by substantial evidence that a tenant has caused or threatens substantial or irreparable harm, may seek to be excused from the program entirely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5702A gives Delaware tenants the right to a mediation conference—supported by a HUD-certified housing counselor—between the time an eviction case is filed and the trial date. The housing counselor is required to meet with the tenant before the mediation session to explain available resources, which can be an important opportunity to learn about rental assistance or other options. Tenants who believe this process was not properly followed, or who want to understand how the program applies to their situation, can contact the Justice of the Peace Court directly, reach out to a local tenant-rights organization, or consult a legal aid provider familiar with Delaware's eviction diversion rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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