Delaware’s Right of Redemption Law: A Landlord Briefing

The Delaware right of redemption law took effect in September 2026, and the rules around landlord-tenant relationships changed with it. Prior to these changes, if a landlord was awarded a judgment of possession against a renter for nonpayment of rent, the landlord could directly proceed to the lockout of the tenant. Now, after a judgment of possession is registered against a nonpayment of rent by tenant, there are various opportunities for the tenant to avoid lockout by bringing the rent up to date.

Consequently, where a landlord has obtained a judgment of possession against nonpayment of rent by a tenant, the owner must wait for those opportunities to pass before a lockout. As a result, all landlords in Delaware must modify their processes for handling a nonpayment case.

What the New Redemption Rule Does

Until August 2026, a landlord with a possession order was able to evict a tenant who had not made rental payments. This bill allows tenants to catch up on payments and keep their residence. The amount a tenant is required to pay in order to keep their residence increases for each opportunity.

Senator Lockman was the bill’s primary sponsor. State Representative Kendra Johnson, who is the chair of the House committee on Housing and Homelessness, explained the bill in her committee hearing. Johnson said a tenant would have to pay the court’s ruling plus the cost to bring the case before the court.

Three Chances to Catch Up

How much a renter owes is contextual. If the renter, or someone acting for the renter, pays off the debt before an owner files a case, the owner is unable to file that case. At that stage, rent means base rent, utilities, and late charges. Rent means more once a case is on file. This means that the renter also owes other charges that were defined as rent in the lease. In the case of a renter paying off a debt to stop a case from a possession hearing, other fees the landlord charged the renter may also need clearing to stop the case from being heard.

The widest window of opportunity is given to the renter after the renter loses in court. In the case of the renter, Delaware’s new law states that if the renter provides, prior to the lockout, all amounts the court determines, the lease amount due for rent, and the fees and cost, if any, the court awarded, to the owner, the eviction cannot go forward. Zerbato believes that the window closes at the moment a law enforcement officer returns possession of the property to the owner.

The same three principles apply during each stage. The owner is not allowed to refuse a tender. After judgment, the owner may require certified funds or a money order rather than a personal check. And the owner cannot refuse funds tendered by someone other than the tenant through a lawful payment method.

Notifying the Court Once a Renter Has Paid

When a renter redeems, the owner becomes obligated to notify. The owner has to inform the constable, and the court, so the eviction orders get withdrawn. According to Zerbato, the best way to notify both is to use the state’s e-filing website and complete a satisfaction of debt form. Phoning or emailing the clerk is not adequate, he says.

Newly enacted section 5716A(b)(3) requires a court to issue an order to halt a proceeding for a minimum of five business days to allow the owner and renter to be heard, upon notice, that the renter has paid the money owed to the owner.

Zerbato believes that this part of the law increases the potential for litigation. In the case of the JP Courts, Zerbato believes that this part of the law encourages renters to provide a notice to the governing court for the purpose of delaying the proceeding; renters need not actually have paid the amount owed in order to provide notice. In that situation, Zerbato believes that the owner is allowed to seek legal relief to lift the automatic stay.

Repeat Nonpayment: The Two-Judgment Cutoff

Not all tenants qualify. A tenant carrying at least two unpaid-rent possession judgments from the 18 months preceding the current filing is excluded. The 18-month look-back begins with the date of filing of the current case. Judgments for reasons other than unpaid rent are disregarded.

Zerbato notes that a possession-related judgment is considered in determining the 2-judgment limit, even where that judgment was later set aside after the renter paid. This places the owner in a difficult situation. Delaware allows eviction records to be shielded after 5 years, and a vacated judgment invites an earlier request. If an owner does not have a docket entry, he or she will be unable to prove the case, so it is best to retain a copy of all docket entries.

The Late-Rent Notice: Longer Cure, Later Start

Section 5502(a) is amended as well. Historically, the owner had to let five business days pass after a late-rent demand before filing. As Zerbato points out, the amendment extends this period to seven days. Zerbato contends, however, that the amendment does not alter the practice of landlords because five business days already meant about a week.

From Zerbato’s perspective, the amendment that is of more substance is changing when the landlord is allowed to send the demand. The landlord is now permitted to send it only after the gap between rent day and the first day late charges may be assessed has passed.

Zerbato referenced a DOJ memorandum stating that a demand for payment of rent may not go out during the first seven (7) days of a month. Therefore, if a Demand is served on a tenant in the first seven (7) days of that month, it may be found to be premature and therefore invalid.

How Delaware’s Version Compares

Other states have enacted laws protecting tenants first. Holly Stevens from the Legal Services Corporation testified before the House’s housing committee, and said most states have some type of pay to stay law, and about fifteen allow tenants to redeem after a judgment. Some of those states include, but are not limited to, Maryland, Pennsylvania, California, New York and now Delaware.

Maryland

Maryland’s rule is detailed in Real Property § 8-401. A Maryland tenant can redeem a property by paying the amount stated in the judgment before a restitution warrant is issued. In Maryland, a tenant is barred from using this rule if he or she reaches three unpaid-rent judgments in a year (four in the city of Baltimore). Delaware’s time period and number of allowable judgments is less (two unpaid-rent judgments in an 18-month period).

Virginia

Virginia’s law (Code of Virginia § 55.1-1250) states that evicted tenants have up to two days to return back owed rent to the landlord and halt the eviction from being carried out. Delaware, however, allows tenants to avoid eviction from being carried out by the constable by paying the owed rent to the landlord. In addition, if the landlord has less than or equal to four rental units, they can limit tenants to one redemption per lease period by providing written notice to the tenants. Delaware does not have small landlord protections.

New Jersey

Tenants in New Jersey can postpone an eviction if the past-due rent and costs are paid into court. This can occur at any time, right up to entry of the eviction judgment. Stevens notes that tenants in Michigan and New Jersey are the only tenants in the nation that have the right to postpone an eviction through the partial payment of rent. Delaware requires full payment.

State	When redemption is available	Limit on repeat filers
Delaware	Pre-filing, pre-ruling, or any time until the writ is carried out	Two unpaid-rent judgments within eighteen months
Maryland	Until the restitution warrant issues	Three unpaid-rent judgments per year statewide; four inside the city of Baltimore
Virginia	Until two days ahead of a scheduled removal	Small owners (no more than four units) may limit renters to one use per lease year
New Jersey	Any time until judgment enters	None; a partial payment can also stop the case

What the Research Shows About Rent and Protections

This measure follows research on the economic impacts of tenant protections to inform its policy. A 2025 study in the Journal of Urban Economics found that from 1997 to 2016, Delaware was one of the three states with the strongest tenant laws, following Hawaii and Rhode Island.

The research finds that greater tenant protections cut evictions but push rents and homelessness up. One standard deviation change in the index representing increased tenant protections is associated with 21.9% decrease in evictions, and a 10.5% increase in median rent. The same change is associated with a 28.6% decrease in rental vacancies and a 17.6 percent increase in the homeless population.

Rentals and renters increased during the study period, and therefore, landlords do not typically exit the rental market. The authors conclude that increased protections for renters result in increased costs that are absorbed by the rental market.

How the Measure Passed

It took approximately one year to move SB 116 through the General Assembly with support thinning after the first vote. The bill was passed by the Senate 18-1 on March 18, 2026. The House considered a substitute of the bill and passed it 25-14 at the end of June. The Senate took up the House changes the next day and also passed the bill 16-4. Governor Meyer signed the bill on Aug. 18. It took effect on Sept. 1.

All amendments to the bill supported the rights of property owners. The original language of the bill cut off redemption for a tenant with three or more unpaid-rent judgments within one year. The Senate lengthened that look-back to 24 months; the House settled on two judgments across 18 months. The bill passed in this form established that an owner could refuse to accept a tender in a form that the owner cannot process.

Next Steps for Delaware Owners

According to Eviction Lab, there were 883 Delaware eviction filings in just the month of February 2026. Meanwhile, Delaware’s Community Legal Aid Society has reported that between 2017 and 2019 the average amount in possession actions was $1,900. The latest estimates show that roughly 28% of Delaware households are renting, which is approximately 110,000 households. This new legislation impacts a large number of people.

Two of the more noteworthy changes impacts all landlords. First, a landlord can not evict a tenant for nonpayment of rent unless a demand for payment is issued and a seven day cure period is provided. Second, a landlord can not issue a demand for payment before the eighth of a given month. There are other changes to the notices landlords are required to provide, and both landlords and tenants must define which lease provisions relate to rent. If the parties can not agree, the court may decide.

Conclusion

Delaware’s redemption rule does not restrict landlords from evicting tenants or from taking back possession of the premises. The rule mandates landlords to take additional actions to recuperate possession and/or back rent and gives courts more opportunities to get involved. This article provides the details of the rule; attorneys can analyze the effects of the rule on a particular case.

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