Delaware Eviction Notice Requirements

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.