Delaware Eviction Notice Template (25 Del. C. § 5502)
Before a landlord can file an eviction case, most states require a written notice that tells the tenant what is wrong and how long they have to fix it or move out. Answer the questions below to create a clear, professional notice — then check it against your state and local rules before you serve it.
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Free to preview[Landlord or property manager name]
[Your address and phone for the tenant to reach you]
October 15, 2026
To: [Tenant name(s)]
and all other occupants of
[Rental property address]
Re: [Type of notice] — [Rental property address]
Dear [Tenant name(s)],
This letter is formal written notice to you as the tenant of the property at [Rental property address]. Type of notice: [Type of notice].
The reason for this notice is as follows:
[Reason for this notice]
Within [Notice period in days] days after this notice is delivered to you, you must [What the tenant must do within that time]. If this notice is delivered to you on October 15, 2026, that period ends on October 15, 2026.
This notice is given under Title 25, § 5502 of the Delaware Code, which requires written notice to the tenant before a landlord may file a summary possession action.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
[Landlord or property manager name]
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
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How eviction notices work in Delaware
Delaware's Residential Landlord-Tenant Code sets notice periods in Title 25, § 5502. For unpaid rent, once the five-day window before late fees can be charged has passed, the landlord may give a written demand for payment that allows at least seven days to pay; if the tenant doesn't pay, the landlord may file. For a breach of a material rule or lease term, § 5513 gives the tenant at least seven days to cure after written notice. To end a month-to-month tenancy, either side must give at least 60 days' written notice under § 5106.
The notice must be in writing. A rent demand should state the past-due rent and that the landlord may file a court action to end the rental agreement if it isn't paid in time, and a breach notice must name the rule broken and say it is given under § 5513. Under § 5113, notices are served personally, left with an adult at the unit, or sent by registered, certified or first-class mail with a certificate of mailing. Keep proof of how and when the notice was delivered.
If the tenant doesn't pay, cure or move out, the landlord files a summary possession case in the Justice of the Peace Court for the county where the unit is located. If the tenant pays all rent due before the case is filed, the landlord may not file it based on that rent. Delaware prohibits self-help: under § 5313, a tenant removed or excluded without a court order can recover possession and three times the damages or three times the per diem rent. Only a constable or sheriff acting on a writ of possession can remove a tenant.
What to do, step by step
Check your state and local rules first
Look up the notice period, required wording and delivery method for your state, county and city. Many places set different periods for unpaid rent, lease violations and ending a tenancy, and some cities add their own just-cause rules.
Fill in the notice
Answer the questions above. Name every adult tenant on the lease, state the facts plainly and enter the exact number of days your rules require.
Serve it the way your state requires
States specify how a notice must be delivered — commonly hand delivery, leaving it with an adult at the home, posting and mailing, or certified mail. A notice served the wrong way may have to be redone.
Record how and when you served it
Write down the date, time, method and who delivered it, and keep a copy of the notice. Courts often ask for this proof of service.
Wait out the full notice period
Don't change the locks, remove belongings or shut off utilities. If the tenant fixes the problem, accept it as your rules require; if not, the next step is filing an eviction case in court.
What if the tenant doesn't respond to the notice?
An eviction notice is not an eviction. It is the written warning most states require before you can go to court. If the notice period ends and the tenant hasn't paid, fixed the violation or moved out, the next step is to file an eviction case — often called an unlawful detainer or summary possession case — with your local court.
Until a judge rules in your favor and a court officer such as a sheriff or marshal carries out the order, the tenant has the right to stay. Changing the locks, removing the tenant's belongings, cutting off utilities or otherwise forcing them out is a so-called self-help eviction, which is illegal in nearly every state and can expose you to damages.
Courts look closely at the notice itself. If the period was too short, the wording missed something your state requires or it was delivered the wrong way, the case can be dismissed and you may have to start over. Your local court's self-help center or a landlord association can tell you what your court expects.
Example Delaware eviction notice
A filled-in sample with made-up details, so you can see the finished result.
Greenway Rentals LLC
PO Box 2210, Lakeview, MN 55401 · (555) 201-4478
October 5, 2026
To: Taylor Brooks and Jamie Brooks
and all other occupants of
56 Willow St, Unit 3, Lakeview, MN 55402
Re: Notice to pay rent or quit — 56 Willow St, Unit 3, Lakeview, MN 55402
Dear Taylor Brooks and Jamie Brooks,
This letter is formal written notice to you as the tenant of the property at 56 Willow St, Unit 3, Lakeview, MN 55402. Type of notice: Notice to pay rent or quit.
The reason for this notice is as follows:
Rent of $1,450 for the month of September 2026, due on September 1, 2026, has not been paid, despite a reminder sent by email on September 10.
The total amount of rent now due is $1,450.00.
Within 14 days after this notice is delivered to you, you must pay the full amount of rent owed or move out of the property. If this notice is delivered to you on October 5, 2026, that period ends on October 19, 2026.
This notice is given under Title 25, § 5502 of the Delaware Code, which requires written notice to the tenant before a landlord may file a summary possession action.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
Greenway Rentals LLC
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
Frequently asked questions
How much notice for unpaid rent in Delaware?
At least seven days. The landlord can send the written demand only after the period between the rent due date and the date late fees may be charged, which is at least five days. If the tenant pays all rent due before the landlord files, the landlord may not file a case based on that unpaid rent.
What is the cure period for a Delaware lease violation?
At least seven days. The landlord's written notice must describe the rule broken and say that if the violation continues, the landlord may end the agreement and seek summary possession. A breach that causes or threatens irreparable harm to people or property can allow immediate termination.
How do I end a month-to-month tenancy in Delaware?
Give at least 60 days' written notice under Title 25, § 5106. The 60-day period begins on the first day of the month after the tenant actually receives the notice, so the move-out date will usually fall more than 60 days after delivery. Tenants ending a month-to-month tenancy must give the same notice.
Where are Delaware eviction cases heard?
In the Justice of the Peace Court, which handles summary possession cases. The tenant can answer and present defenses at the hearing. After a nonjury trial, either side can ask within five days for a new trial before a panel of three justices of the peace. If the landlord wins, a constable or sheriff carries out the writ of possession.
How much notice do I have to give a tenant?
It depends on your state, sometimes your city, the type of notice and the lease. Periods for unpaid rent can be as short as a few days or as long as a month, and notices ending a month-to-month tenancy are often 30 days or more. Check your state's landlord-tenant law and any local ordinance before serving.
Is an eviction notice the same as being evicted?
No. A notice only starts the process. If the tenant doesn't comply, the landlord must file a case in court and win a judgment. Only a court order, carried out by a sheriff, marshal or similar officer, can legally remove a tenant from the property.
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