Eviction notices in Delaware

After the period in which no late fee may be charged (5 days after the due date), the landlord may demand past-due rent in writing and give the tenant at least 7 days after the notice is given or sent to pay before filing for summary possession (25 Del. C. § 5502(a), (c)-(d); § 5501(d)). The notice period was 5 days until SS 1 for SB 116 (85 Del. Laws c. 436) took effect on September 1, 2026.

Can the tenant pay to stop it? If all rent due is paid (by the tenant or someone else) before the landlord files, the landlord cannot file for that nonpayment; if all rent due is paid after filing, the landlord cannot maintain that action. The landlord may not refuse rent payments.

The rent must be at least 5 days late before the notice can be served.

Type:

Pay or move out

Notice period:

7 days

Law:

25 Del. C. § 5502(a)

For a material rule or lease breach, the landlord must give written notice naming the rule breached and allow at least 7 days to fix it; the notice must say it is given under § 5513 and that a substantially similar breach within 1 year may be the basis for an eviction (25 Del. C. § 5513(a)).

Chance to fix it: The tenant has at least 7 days after the notice to remedy or correct the breach.

Type:

Fix it or move out

Notice period:

7 days

Law:

25 Del. C. § 5513(a)

For these, the landlord may terminate the lease immediately upon notice and file for summary possession without a cure period (25 Del. C. § 5513(b)). For a substantially similar repeat breach within 1 year, the landlord may rely on the earlier § 5513 notice to file (§ 5513(a)(1)).

When it applies: A breach that causes or threatens irreparable harm to any person or property, or the tenant's conviction during the tenancy of a class A misdemeanor or felony that caused or threatened irreparable harm.

Notice period:

Immediate (no waiting period)

Law:

25 Del. C. § 5513(b)

The day of service is not counted; the last day is counted unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next business day. Weekends and holidays inside the period are excluded only for periods shorter than 7 days (25 Del. C. § 5112). The 7-day rent demand runs from the date the notice was given or sent (§ 5502(a)).

Personally on the tenant, or by leaving a copy at the rental unit with an adult who lives there; or by registered, certified or first-class mail (with certificate of mailing) to the tenant at the unit; or by posting on the unit combined with a mailing receipt; or by a court-appointed special process server (25 Del. C. § 5113).

The landlord files an action for summary possession in the Justice of the Peace Court; the complaint and hearing notice must be served at least 5 and not more than 30 days before the hearing (25 Del. C. § 5705). The tenant must appear at the time on the summons or lose by default; a jury trial must be demanded within 10 days of service (Delaware Courts). The court issues a writ of possession no earlier than the time to appeal, and the constable or sheriff gives at least 24 hours' notice before removal (§ 5715). A tenant removed or excluded without a valid court order may recover possession and up to 3 times damages or 3 times per diem rent (25 Del. C. § 5313).

• Since September 1, 2026, in nonpayment-only cases a tenant has a right of redemption: paying all past-due amounts set by the court plus court costs and fees any time before the eviction is executed (25 Del. C. § 5716A; Delaware Courts). It does not apply to a tenant with 2 judgments of possession for nonpayment in the 18 months before the case was filed (§ 5716A(b)(6)).
• A landlord without an in-county office for payments must allow 3 extra days beyond the due date (25 Del. C. § 5501(d)).
• Participation in the Justice of the Peace Court's Residential Eviction Diversion Program is mandatory for landlords; landlords bring an Affidavit of Participation (CF83A) to court (Delaware Courts).
• Effective March 8, 2027, if state reentry funds pay all or part of a tenant's rent, before terminating the lease under § 5502 or § 5513 the landlord must help the tenant complete a discharge plan that includes housing and notify the fund (and, if known, the Department of Correction and local police); the complaint must describe this compliance (25 Del. C. § 5512A).

• Delaware notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Delaware security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• 25 Del. C. ch. 55 (§§ 5501, 5502, 5513) Retrieved October 13, 2026.
• 25 Del. C. ch. 51, subch. I (§§ 5112, 5113) Retrieved October 13, 2026.
• 25 Del. C. ch. 53 (§ 5313) Retrieved October 13, 2026.
• 25 Del. C. ch. 57 (§§ 5702, 5705, 5715, 5716A) Retrieved October 13, 2026.
• Delaware General Assembly - SS 1 for SB 116 (85 Del. Laws c. 436) Retrieved October 13, 2026.
• Delaware Courts - Landlord/Tenant help Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.