Delaware Eviction Laws
Delaware notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).
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Delaware notice periods
Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.
| Situation | Notice period | Source |
|---|---|---|
| Unpaid rent | 7 days |
25 Del. C. § 5502(a), (c), (d) (as amended by 85 Del. Laws c. 436, § 1); § 5501(d)
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| Lease violation | 7 days |
25 Del. C. § 5513(a)
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| Ending the tenancy without a chance to cure | No pre-suit notice |
25 Del. C. § 5513(b)
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| Ending a month-to-month tenancy | 60 calendar days |
25 Del. C. § 5106(d), (e)
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| Tenant staying after the lease ends | 60 calendar days |
25 Del. C. § 5106(c); § 5108; § 5515(b)
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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)).
Just cause, delivery, form and local rules in Delaware
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
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
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
For Delaware landlords
- Find the period for your situation in the table above and count it from the day the notice is delivered.
- Deliver the notice the way Delaware law allows and keep a record of how and when.
- A notice is not a court order and does not by itself remove a tenant.
For Delaware tenants
- Compare the notice you received with the period for its situation in the table above and the date it reached you.
- A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
- Local legal aid and tenant organizations can explain your options.
How an eviction generally proceeds
A general outline, not Delaware law: the steps, their names and their deadlines differ by state and court. The Delaware rules LeaseCraft has verified are the ones above.
- Written notice. The landlord gives the notice the situation calls for and waits out its period.
- Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
- Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
- Judgment. The court decides who has the right to the property.
- Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.
Delaware eviction questions
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7 days, under 25 Del. C. § 5502(a), (c), (d) (as amended by 85 Del. Laws c. 436, § 1); § 5501(d). 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. LeaseCraft read this at the official source on 2026-09-27.
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7 days, under 25 Del. C. § 5513(a). 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)). LeaseCraft read this at the official source on 2026-09-27.
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60 calendar days, under 25 Del. C. § 5106(d), (e). 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)). LeaseCraft read this at the official source on 2026-09-27.
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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. Source: 25 Del. C. § 5113(a)-(c). LeaseCraft read this at the official source on 2026-09-27.
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No statewide just-cause requirement, under 25 Del. C. § 5106. No statewide just-cause requirement for conventional rentals; month-to-month and fixed-term tenancies end on 60 days' notice (§ 5106(c)-(d)). LeaseCraft read this at the official source on 2026-09-27.
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Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.