25 Del. C. ch. 57 § 5716
Stay of proceedings by tenant; good faith dispute
Operative Text
When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent and the default arose out of a good faith dispute, the tenant may stay all proceedings on such judgment by paying all rent due at the date of the judgment and the costs of the proceeding or by filing with the court an undertaking to the plaintiff, with such assurances as the court shall require, to the effect that defendant will pay such rent and costs within 10 days of the final judgment being rendered for the plaintiff. At the expiration of said period, the court shall issue a warrant of possession unless satisfactory proof of payment is produced by the tenant.
Under 25 Del. C. ch. 57 § 5716, when a court rules in a landlord's favor in a nonpayment-of-rent case that arose from a good-faith dispute, the losing tenant has a mechanism to pause enforcement of that judgment. The tenant can halt proceedings by either paying all rent owed plus court costs at the time of judgment, or by filing a court-approved undertaking promising to make that payment within 10 days. If the tenant does not produce satisfactory proof of payment by the end of that period, the court will issue a warrant of possession.
Plain English — not legal advice.
Operators managing Delaware rental properties should be aware that under 25 Del. C. ch. 57 § 5716, a tenant who loses a nonpayment judgment in a good-faith dispute context retains a short window to pay all outstanding rent and costs before a warrant of possession is issued. Compliant operators generally track the 10-day post-judgment period carefully and are prepared to provide the court with proof of payment status when requested. If the tenant fails to produce satisfactory proof of payment within that window, the court proceeds to issue the warrant of possession, which is the operative enforcement step.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 57 § 5716, even after a court enters a final judgment against a tenant in a nonpayment case rooted in a good-faith dispute, the tenant retains the right to stay enforcement of that judgment. This can be done by paying all rent due and court costs at the time of judgment, or by filing a court-approved undertaking committing to pay within 10 days. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid service to understand the procedural steps involved in filing an undertaking or demonstrating timely payment to the court.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation