Housing & Tenant · Eviction Notice
Eviction Notice in Delaware
How many days of written notice a landlord must give before filing an eviction in Delaware, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Delaware
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Delaware | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay5 days | A written demand giving a time not less than 5 days after the notice was given or sent to pay the rent (25 Del. C. 5502(a)). Paying within that window keeps the tenancy. |
| Breach of rules or covenants | Can fix and stay7 days | A curable breach of the rules or covenants carries at least 7 days to remedy or correct it (25 Del. C. 5513). |
| Repeat of a similar breach within one year | No new cure period | If the tenant commits a substantially similar breach within one year, the landlord may rely on the earlier notice rather than give a fresh 7-day cure period (25 Del. C. 5513). |
| Irreparable harm to a person or property | Immediate | For a breach that causes or threatens irreparable harm to a person or to property, the landlord may act without notice (25 Del. C. 5513). |
| No-cause end of a month-to-month tenancy | 60 days | Either side may end a month-to-month tenancy with a minimum of 60 days written notice (25 Del. C. 5106(d)), one of the longest no-cause periods in the country. |
| After the notice | Court | The landlord serves the written demand or notice, then files a summary possession action in Justice of the Peace Court. Only a court can order a tenant removed. |
| Statute | Del. Code Ann. tit. 25, §5502; §5513; §5106 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Delaware. This is legal information, not legal advice.
- Read the demand and count 5 days
A Delaware rent demand must give at least 5 days to pay, counted from when the notice was given or sent. Paying the full rent within that window keeps the tenancy, so note the date on the notice and keep proof of payment.
- Fix a rule breach within 7 days
For a curable breach of the rules or covenants, you have at least 7 days to correct it. Be careful about repeats: if you commit a similar breach within a year, the landlord can rely on the earlier notice instead of giving a fresh 7 days.
- Respond to the JP Court case
If you do not resolve it, the landlord files a summary possession action in Justice of the Peace Court and you are served with a hearing date. Appear with your lease, receipts, and any messages. Only a court order can remove you.
- Get local legal help
A local Delaware legal aid office can explain the demand, the deadlines, and how JP Court works. Search for legal aid in your county and act before the hearing date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Delaware renters get wrong
Delaware pairs one of the shorter rent notices in the country with one of the longest no-cause notices. For unpaid rent the landlord serves a written demand giving at least five days to pay, counted from when the notice was given or sent (25 Del. C. 5502(a)), and paying within that window keeps the tenancy. Yet ending a month-to-month tenancy for no reason takes a full sixty days by either side under 25 Del. C. 5106(d). A curable breach of the rules or covenants carries at least seven days to fix, with one catch worth knowing: the repeat-breach rule. Fix a violation once, do the same thing again inside a year, and the landlord can lean on the original notice instead of restarting the seven-day clock (25 Del. C. 5513). The one situation with no notice at all is a breach that causes or threatens irreparable harm to a person or property, where the landlord may act immediately. After the notice runs, the landlord files a summary possession action in Justice of the Peace Court, and only a court can order a tenant out.
Common questions
Why is Delaware no-cause notice 60 days when the rent notice is only 5?
The two serve different purposes. The 5-day rent demand under 25 Del. C. 5502(a) is a short window to pay and keep the tenancy. The 60-day notice under 25 Del. C. 5106(d) ends a month-to-month tenancy for no reason, and Delaware requires that longer period from either side.
What happens if I break the same rule twice in a year in Delaware?
The repeat-breach rule applies. Under 25 Del. C. 5513, if you commit a substantially similar breach within one year, the landlord can rely on the earlier notice instead of giving you a fresh 7-day cure period, so a second similar violation is treated more harshly than the first.
Can my landlord act with no notice at all in Delaware?
Only in a narrow case. If a breach causes or threatens irreparable harm to a person or to property, 25 Del. C. 5513 lets the landlord act without notice. Ordinary rent and rule violations still carry the 5-day and 7-day periods.
Does a Delaware landlord have to give a reason to end a month-to-month lease?
No. Section 5106 does not require either party to state a reason to end a month-to-month agreement. What it does require is timing: a minimum of 60 days written notice from whichever side is ending it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.