In Delaware, 86% of landlords have representation from an attorney or agent in evictions court, but only 2% of renters do. Renters facing eviction are left to navigate this legal hurdle by themselves, without representation or legal assistance in a system that’s designed to protect landlords, not the renters who rely on them for a safe, secure place to live.

Delaware has an opportunity to level the playing field by securing the right to representation for eviction defense statewide. SB 101 would create a right to representation for eviction defense for covered individuals, subject to a 3 year phase-in period. This legislation covers renters whose household income is not greater than 200% of federal poverty guidelines. SB 101 also does the following:

  • Requires landlords to provide notice of the right to counsel at certain designated intervals of a tenancy and in eviction proceedings.
  • Creates an Eviction Diversion Program designed to help resolve payment or other issues prior to a landlord filing for eviction.
  • Prohibits landlords from filing for eviction unless the renter owes at least one month's rent or $500 — whichever is greater — and prohibits landlords from continuing an eviction action if the tenant pays all rent due.
  • Allows renters to stay in their home if they pay all back rent, fees, and costs prior to an eviction.
  • Provides COVID-19 specific relief for certain renters whose evictions were stayed "in the interests of justice" during the pandemic, per Governor Carney's Emergency Declaration.


Sen. Bryan Townsend (SD 11), Sen. Marie Pinkney (SD 13), Rep. Melissa Minor-Brown (RD 17), Rep. Kendra Johnson (RD 5), Rep. Larry Lambert (RD 7)




151st General Assembly

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