Delaware Eviction Notice

Delaware notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

What the Delaware statute says

Unpaid rent: 7 days

• Written demand may be given only after the window between the rent due date and the date late fees may be imposed (late fee may not be imposed within 5 days of the agreed payment time, § 5501(d)) — i.e. rent must be more than 5 days late.
• Notice must state that unless payment is made within the time stated, being not less than 7 days after the date notice was given or sent, the rental agreement shall be terminated / landlord may file (§ 5502(a)).
• Right of redemption: if the tenant (or someone on the tenant's behalf) pays all rent due before the action is filed, the landlord may not file; payment of all rent due under the lease after filing defeats the action (§ 5502(c)-(d)); after judgment the landlord may require certified check or money order.

Lease violation: 7 days

• Written notice must substantially specify the rule or covenant breached and advise that if the violation continues after 7 days the landlord may terminate and bring summary possession (§ 5513(a)(1)).
• Landlord may instead remedy a remediable breach and bill the tenant (§ 5513(a)(2)).

Exceptions

• Substantially similar breach within 1 year: landlord may rely on the earlier notice as grounds for summary possession without a new cure period (§ 5513(a)).
• Breach that is also a material breach of a municipal, county or state code: landlord may terminate and bring summary possession (§ 5513(a)(3)).

Ending the tenancy without a chance to cure: No pre-suit notice

• Breach that causes or threatens irreparable harm to any person or property, or conviction during the tenancy of a class A misdemeanor or felony that caused or threatened irreparable harm: landlord may immediately terminate the rental agreement upon notice to the tenant and bring summary possession (§ 5513(b)).

Ending a month-to-month tenancy: 60 calendar days

• Either party; minimum 60 days' written notice; the 60-day period begins on the first day of the month following the day of actual notice (§ 5106(d)).

Exceptions

• Federally subsidized units: federal law controls in a conflict (§ 5106(e)).

Tenant staying after the lease ends: 60 calendar days

• To end a fixed-term rental agreement at expiration the landlord must give a minimum of 60 days' written notice prior to expiration of the term (§ 5106(c)); absent timely notice the term becomes month-to-month on the same terms (§ 5108).
• A tenant who stays after termination without consent owes up to double the monthly rent, pro-rated daily, plus further losses (§ 5515(b)).

Delivery, form and other Delaware rules

How the notice may be delivered

25 Del. C. § 5113: (a) personal service on the tenant, or leaving a copy at the rental unit or usual place of abode with an adult residing there; (b) registered or certified mail, or first-class mail evidenced by a certificate of mailing, to the address in the lease (return receipt — signed, refused or unclaimed — or certificate of mailing is prima facie evidence of service); (c) alternatively, posting on the rental unit combined with a return receipt or certificate of mailing, or personal service by a court-appointed special process server.

25 Del. C. § 5113(a)-(c) · read 2026-09-27

Required form or contents

none found — no statutory form; mandatory contents: the § 5502(a) demand must state that unless payment is made within the stated period (not less than 7 days) the agreement terminates / landlord may file; the § 5513(a)(1) notice must substantially specify the rule breached and advise that the landlord may terminate if the violation continues after 7 days.

25 Del. C. § 5502(a); § 5513(a)(1) · read 2026-09-27

Statewide just-cause rule

No statewide just-cause requirement

• No statewide just-cause requirement for conventional rentals; month-to-month and fixed-term tenancies end on 60 days' notice (§ 5106(c)-(d)).

25 Del. C. § 5106 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a Delaware checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the Delaware period and your deadline is too soon, the document is not prepared until you move it.

Create a Delaware eviction notice

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.