25 Del. C. ch. 57 § 5716A
Stay of proceedings by the court; right of redemption
Operative Text
(a) Whenever a tenant fails to pay rent when due and payable under Chapters 55, 57, or 70 of this title, a landlord may file an action under this section. (b) In an action for summary possession of a rental unit or a lot in a manufactured home community for failure to pay rent where the landlord or the landlord’s agent has requested or is awarded a judgment of possession, the tenant has the right to redemption of the rental unit or lot by tendering all past due amounts as determined by the court, including all rent due under the terms of the lease, plus all court-awarded costs and fees, to the landlord or the landlord’s agent. (1) A tenant’s right of redemption applies at any time before the actual execution of the eviction order. (2) After the landlord or landlord’s agent has received the payment, the landlord or landlord’s agent shall immediately notify the court and constable or sheriff to which the writ of possession was directed and make all reasonable efforts to prevent execution of the judgment that is based upon failure to pay rent. (3) Upon receiving notification of or evidence of redemption, the court shall issue an immediate stay of the writ or the proceedings relating to failure to pay rent and must provide a minimum of 5 days for any appropriate evidence or filings to be submitted to the court. a. If payment is made after the writ of possession has posted, in order for the court to issue a stay of the writ, a request to stay the writ must be filed with the court. b. If payment is made after the writ of possession has been posted, the landlord may request the court delay any action under paragraph (b) (5) of this section until any checks used for payment have fully cleared any involved banks. (4) An electronic or written check made by a charitable organization or government entity has the same legal effect as a payment made by the tenant under this subsection. (5) Once the court is provided with the notification of redemption by the landlord or adequate evidence is submitted to the court of the redemption, the court shall vacate any judgment of possession entered relating to failure to pay rent and terminate any such writs issued. (6) This subsection does not apply to any tenant against whom 2 judgments of possession have been entered for failure to pay rent in the 18 months before the initiation of the action to which this subsection would otherwise apply. A judgment vacated under paragraph (b)(5) of this section is still considered a judgment for purposes of calculating the number of judgments in the previous 18 months to determine a tenant’s eligibility under this paragraph. (7) The landlord may restrict the method of payment under this section, unless payment is made by a charitable organization or government entity, as follows: a. Prior to a judgment being entered against the tenant, the landlord may restrict the method of any payments to those accepted under the terms of the lease. b. Once a judgment has been entered against the tenant, the landlord may require payment be made by either certified check or money order.
Section 5716A of Title 25 of the Delaware Code establishes a 'right of redemption' for tenants facing eviction solely for nonpayment of rent. Before an eviction order is actually carried out, a tenant may stop the process by paying all overdue rent, court costs, and fees as determined by the court. Once that payment is received, the landlord must promptly notify the court and constable or sheriff, and the court is required to stay the proceedings and ultimately vacate any possession judgment. This right is not available to tenants who have had two or more possession judgments entered against them for nonpayment of rent within the preceding 18 months, and vacated judgments still count toward that threshold.
Plain English — not legal advice.
Under 25 Del. C. § 5716A, operators who receive a redemption payment from a tenant—or from a charitable organization or government entity on the tenant's behalf—are generally expected to immediately notify the court and the constable or sheriff handling the writ of possession and to make all reasonable efforts to halt execution of the eviction. Before a judgment is entered, landlords may limit acceptable payment methods to those specified in the lease; after a judgment is entered, landlords may require payment by certified check or money order. If payment arrives after the writ has been posted, landlords may also ask the court to delay vacating the judgment until any checks have fully cleared.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5716A gives Delaware tenants facing eviction for nonpayment of rent the right to 'redeem' their rental unit or manufactured home lot by paying all past-due rent, court costs, and fees at any point before the eviction order is actually executed. This right does not apply if two possession judgments for nonpayment of rent have been entered against the same tenant within the 18 months before the current action—and judgments that were later vacated under this same provision still count toward that two-judgment limit. Tenants who believe this right applies to their situation may wish to contact a tenant-rights organization, a legal aid office, or consult the court directly about filing the appropriate request to stay a writ of possession.
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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