Senate Bill 101: Right to Representation for Eviction Defense

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.