Delaware Notice to Vacate

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

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

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

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

Preparing the notice

The form asks for the tenancy, the date the tenant must leave and how the notice is delivered, and states the notice period plainly. You enter the period; where LeaseCraft has verified the Delaware period for ending a month-to-month tenancy, it refuses a shorter one.

Create a Delaware notice to vacate

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.