Delaware eviction laws

Notices, deadlines, court and tenant rights in Delaware — in plain English.

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Overview

The court case: Summary possession
Court: Justice of the Peace Court (landlord-tenant cases), county where the property is located
Main laws: Residential Landlord-Tenant Code, 25 Del. C. ch. 51-59 (term and termination: 5106, 5107; notice delivery: 5113; nonpayment: 5502; breach: 5513; summary possession: ch. 57); Right to legal representation, 25 Del. C. ch. 56

Just-cause protection

No statewide law

Delaware has no general just-cause eviction law. However, a fixed-term lease does not simply end: unless the landlord gives at least 60 days' written notice before the lease expires, it converts to month-to-month, and a month-to-month tenancy requires 60 days' notice to end. Manufactured home communities have separate just-cause rules (25 Del. C. ch. 70). (25 Del. C. 5106)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — Seven-Day Notice (Demand for Past-Due Rent)

After the rent is late (after the period when a late fee could be charged), the landlord may give a written demand saying that unless all past-due rent is paid within at least 7 days, the landlord may file for summary possession. Since September 1, 2026, if the tenant pays all rent due before the landlord files, the landlord cannot proceed.

Seven-Day Notice (Demand for Past-Due Rent)

Notice period

7 days

Counting

At least 7 calendar days after the date the notice is given or sent. Add 3 days if the notice is served by mail.

Tenant can fix it?

Yes, within the notice period

Must include

Tenant names and unit address
Demand for the specific amount of past-due rent
Statement that unless payment is made within the stated time (not less than 7 days), the landlord may file a court action for summary possession
Disclosure of Delaware's right-to-counsel program / where to get free legal help
Date, landlord name and signature

How to serve

Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Certified mail (return receipt); Registered mail; First-class mail; Post it on the door and mail a copy. Hand the notice to the tenant; leave it at the unit with an adult occupant; send it by registered/certified mail or first-class mail with a certificate of mailing; or post it on the unit and mail a copy. Mailed notices add 3 days.

Law

25 Del. C. 5502 (as amended effective Sept. 1, 2026); 25 Del. C. 5113

The notice period changed from 5 business days to 7 calendar days effective September 1, 2026, along with a new tenant 'right of redemption' (pay all rent due before filing, or all amounts the court determines before the eviction is carried out). Tenants with 2 or more nonpayment judgments in 18 months may be excluded. Double-check with the court: use the 7-day version only for notices served on or after September 1, 2026.
The landlord may not refuse rent payments offered by or on behalf of the tenant before filing, except as the statute allows.
Double-check with the court: The exact wording of the right-to-counsel disclosure required in notices (25 Del. C. ch. 56).

The tenant broke the lease or rules — Seven-Day Notice of Breach (Cure or Terminate)

For a material breach of a rule or lease covenant, the landlord gives written notice naming the rule broken and allowing at least 7 days to fix it. If the violation continues after 7 days, the landlord may terminate and file.

Seven-Day Notice of Breach (Cure or Terminate)

Notice period

7 days

Counting

At least 7 calendar days after the notice; add 3 days if served by mail.

Tenant can fix it?

Yes, within the notice period

Must include

The rule or covenant allegedly breached (substantially specified)
Statement that if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession
Right-to-counsel disclosure
Date and landlord signature

How to serve

Law

25 Del. C. 5513(a)

The lease ended and the tenant stayed — Sixty-Day Notice of Termination (End of Lease Term)

To end a fixed-term lease at its end date, the landlord must give at least 60 days' written notice before the lease expires. Without that notice, the lease converts to month-to-month and then requires another 60-day notice.

Sixty-Day Notice of Termination (End of Lease Term)

Notice period

60 days

Counting

Given at least 60 days before the lease expiration date; add 3 days if mailed.

Tenant can fix it?

Must include

Tenant names and unit address
Statement that the lease will not be renewed and will terminate on its expiration date
Expiration/termination date
Right-to-counsel disclosure
Date and landlord signature

How to serve

Law

25 Del. C. 5106(c)

For federally subsidized units, federal rules control where they conflict with state law.

Ending a month-to-month tenancy (no fault) — Sixty-Day Notice to Terminate Month-to-Month Tenancy

Either party may end a month-to-month tenancy with at least 60 days' written notice. The 60 days begin on the first day of the month after the notice is given.

Sixty-Day Notice to Terminate Month-to-Month Tenancy

Notice period

60 days (month-to-month: 60 days)

Counting

The 60-day period starts on the first day of the month following the day the notice is given, so the termination date is the end of the second full month after delivery.

Tenant can fix it?

Must include

Tenant names and unit address
Statement that the tenancy is terminated
Termination date computed from the first of the following month
Right-to-counsel disclosure
Date and landlord signature

How to serve

Law

25 Del. C. 5106(d)

Illegal activity, violence or serious damage — Notice of Immediate Termination (Irreparable Harm)

If the tenant's breach causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted during the tenancy of a class A misdemeanor or felony that caused or threatened such harm, the landlord may terminate immediately upon notice and file for summary possession.

Notice of Immediate Termination (Irreparable Harm)

Notice period

No fixed period

Counting

Termination is effective upon notice; no waiting period is required.

Tenant can fix it?

Must include

Description of the breach and the harm caused or threatened
Statement that the rental agreement is terminated immediately
Right-to-counsel disclosure
Date and landlord signature

How to serve

Law

25 Del. C. 5513(b)

How a tenant responds

No written answer is required in Justice of the Peace Court. The tenant must appear for the trial on the date in the summons; a tenant who does not appear may lose by default. Eligible tenants may get a free lawyer under Delaware's right-to-counsel program. Either side may appeal to a three-judge JP panel within 5 days.

Deadline: at the hearing (no fixed written-answer deadline) · 25 Del. C. 5709, 5717; 25 Del. C. ch. 56

Official court forms

Landlords

J.P. Civ. Form No. 1 — Civil Action Complaint (Summary Possession sample)
CF20B — Request for Writ of Possession (fill in)

All Delaware forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.