Delaware Eviction Notice

Introduction

Key Things to Know

1. 1

   An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a summary possession action in court.

2. 2

   Delaware is unusual in that a breach causing or threatening irreparable harm to a person or property, or a tenant's class A misdemeanor or felony conviction that caused or threatened irreparable harm, lets the landlord terminate the rental agreement immediately upon notice, with no minimum day count set by statute at all and no cure period. (Delaware Code Title 25, Section 5513(b))

3. 3

   Nonpayment of rent gets a 5-day pay-or-quit notice, counted in calendar days from when the notice was given or sent. The notice must be in writing and demand payment. (Delaware Code Title 25, Section 5502(a))

4. 4

   A curable breach of a lease rule or covenant, other than late rent, gets a 7-day cure-or-quit notice. The tenant can fix the violation within those 7 days and keep the lease. (Delaware Code Title 25, Section 5513(a))

5. 5

   The governing law is Delaware's Residential Landlord-Tenant Code, Title 25, Chapters 51, 55, and 57, which together set the notice rules, service rules, and the summary possession court process.

6. 6

   Notice may be served personally on the tenant, or left with an adult resident at the tenant's home; alternatively, it may be sent by registered, certified, or first-class mail, or served by posting on the unit combined with a mailing receipt, or by a court-appointed process server. Delaware's statute does not rank these in a strict order the way some states do. (Delaware Code Title 25, Section 5113)

7. 7

   There's no state-mandated form for the notice itself, but specific content is required by statute. Separately, ending a month-to-month tenancy without cause, or not renewing a fixed-term lease, requires 60 days' written notice, far longer than the for-cause notices above. (Delaware Code Title 25, Sections 5502(a), 5513(a), and 5106)

Delaware Requirements for Eviction Notice

• Notice Period for Curable Lease Violations (Delaware Code Title 25, Section 5513(a))

  7-day cure-or-quit notice for breach of a rule or covenant material to the rental agreement, other than late rent. The notice must substantially specify the rule breached, cite Section 5513, and state that a substantially similar breach within 1 year may support a future summary possession action without a new notice.

• Service of Notice Requirements (Delaware Code Title 25, Section 5113)

  Notice may be served personally on the tenant, or left with an adult person residing at the tenant's rental unit or usual place of abode. In lieu of personal service, notice may be sent by registered, certified, or first-class mail (with a certificate of mailing), postage-prepaid. As an alternative, notice may also be served by posting on the rental unit combined with a return receipt or mailing certificate, or by a special process-server appointed by the Court. These methods are not ranked in a strict sequence.

• Immediate Termination for Irreparable Harm or Criminal Conviction (Delaware Code Title 25, Section 5513(b))

  No cure period applies when a breach causes or threatens irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the tenancy that caused or threatened such harm. The landlord may terminate the rental agreement immediately upon notice to the tenant and bring an action for summary possession, or remedy the breach without notice and bill the tenant, or both.

• Governing Landlord-Tenant Code (Delaware Code Title 25, Chapters 51, 55, and 57)

  The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: Delaware Code Title 25, Chapter 51 (general provisions and service of notice), Chapter 55 (tenant obligations and landlord remedies, including notice-by-cause rules), and Chapter 57 (summary possession, the court case filed after the notice period expires).

• No Prescribed Form, Mandatory Content (Delaware Code Title 25, Section 5502(a); Section 5513(a))

  There is no government-mandated form for either the pay-or-quit or cure-or-quit notice. Specific content is required by statute: the pay-or-quit notice must be in writing, demand payment, and state a period of not less than 5 days. The cure-or-quit notice must substantially specify the rule breached, advise of the 7-day cure period, cite Section 5513, and note that a similar breach within 1 year may support a future case without a new notice.

• No-Cause Termination Notice Period (Delaware Code Title 25, Section 5106)

  Distinct from the 5-day and 7-day for-cause notices above: ending a month-to-month tenancy without cause requires a minimum of 60 days' written notice from either party, and declining to renew a fixed-term rental agreement at the end of its term requires the landlord to give a minimum of 60 days' written notice prior to expiration.

• Notice Period for Nonpayment of Rent (Delaware Code Title 25, Section 5502(a))

  5-day pay-or-quit notice, counted in calendar days from the date the notice was given or sent. The landlord must demand payment in writing; if the tenant remains in default after the notice period, the landlord may bring an action for summary possession.