Delaware Notice to Vacate: 2026 Landlord Rules & 60-Day Rule
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-05-31
Delaware's Residential Landlord-Tenant Code sets the notice a landlord must give before filing for eviction. For nonpayment, 25 Del. C. § 5502 requires a written demand giving the tenant not less than 5 days to pay before the rental agreement terminates. A material lease violation triggers a 7-day cure notice under § 5513, while a breach that causes or threatens irreparable harm allows immediate termination. Delaware is unusual in requiring at least 60 days written notice to end a month-to-month tenancy under § 5106, with the 60-day clock starting on the first day of the month after actual notice. If the tenant does not leave, the landlord files a summary possession action in the Justice of the Peace Court under 25 Del. C. Chapter 57.
How much notice does Delaware require to end a month-to-month tenancy?
Delaware requires a minimum of 60 days written notice to terminate a month-to-month rental agreement under 25 Del. C. § 5106, and that 60-day period begins on the first day of the month following the day of actual notice. This is materially longer than the 30-day standard used in most states, so a Delaware landlord planning a no-cause move-out needs to start the clock far earlier. Cause-based notices are shorter: a 5-day demand applies to nonpayment under § 5502 and a 7-day cure notice applies to a material lease violation under § 5513.
How do I serve a notice to vacate in Delaware?
Delaware's pre-suit landlord notices (the § 5502 5-day nonpayment demand, the § 5513 7-day breach notice, and the § 5106 60-day termination notice) must be given in writing; oral notice does not satisfy these sections. The Code requires these notices to be written but does not set a single mandatory delivery method for every type of pre-suit notice, so confirm the controlling delivery-method provision before relying on one method. Service of the later court summary possession notice of hearing and complaint is governed by 25 Del. C. § 5706, which allows personal service, leaving a copy with a person of suitable age and discretion who resides or is employed in the unit, or affixing a copy to a conspicuous part of the unit plus a follow-up mailing by certified mail or first class mail with a certificate of mailing (USPS Form 3817).
What is the notice period for nonpayment of rent in Delaware?
Under 25 Del. C. § 5502, after rent is due a landlord may demand payment in writing and notify the tenant that unless payment is made within a stated time, which must be not less than 5 days after the notice is given or sent, the rental agreement will terminate. If the tenant remains in default after that period, the landlord may bring an action for summary possession. Delaware also has a pay-to-stay overlay: if the tenant pays all rent due before the landlord initiates the action and the landlord accepts payment without a written reservation of rights, the landlord may not then initiate a summary possession or nonpayment action.
What happens after the notice period if the tenant does not vacate?
If the tenant does not vacate or cure after the applicable notice period, the landlord files an action for summary possession in the Justice of the Peace Court that hears civil cases in the county where the premises is located, under 25 Del. C. Chapter 57. The notice of hearing and complaint must be served at least 5 days and not more than 30 days before the hearing under § 5705. Delaware also operates a mandatory Eviction Diversion Program: the landlord must file a Landlord's Affidavit of Participation at least 5 days before the hearing, and the tenant has 15 days after being served to begin the program. If the landlord prevails, the court can issue a writ of summary possession.
Delaware notice-to-vacate framework at a glance
Delaware's Residential Landlord-Tenant Code (Title 25 of the Delaware Code) governs the notice a landlord must give before filing for eviction. The notice period depends on the cause: 25 Del. C. § 5502 sets a 5-day written demand for nonpayment of rent, § 5513 sets a 7-day cure notice for a material lease violation and allows immediate termination when a breach causes or threatens irreparable harm, and § 5106 sets the unusual 60-day notice to terminate a month-to-month tenancy, with the 60-day period beginning on the first day of the month following actual notice. That 60-day rule is far longer than the 30-day norm in most states. Delaware does not impose a statewide just-cause eviction requirement, and no Delaware municipality has a just-cause-only or rent-control ordinance that overrides the Title 25 notice defaults. After notice, eviction runs through a summary possession action in the Justice of the Peace Court under 25 Del. C. Chapter 57, where the notice of hearing and complaint must be served at least 5 days and not more than 30 days before the hearing (§ 5705) and participation in the mandatory Eviction Diversion Program is required. The Delaware Justice of the Peace Court publishes landlord-tenant summary possession forms and the booklet How to File and Defend a Summary Possession Action at courts.delaware.gov.
Landlord Resources
Delaware Justice of the Peace Court - Landlord/Tenant
Official Justice of the Peace Court page explaining summary possession, the mandatory Eviction Diversion Program, and the booklet How to File and Defend a Summary Possession Action.
Delaware Courts - Landlord/Tenant Forms
The Justice of the Peace Court's interactive landlord-tenant summary possession forms index, including complaint and affidavit forms used in eviction filings.
Delaware Code Title 25 (Residential Landlord-Tenant Code)
The official Delaware Code portal for Title 25, including Chapter 51 (termination notice), Chapter 55 (landlord remedies), and Chapter 57 (summary possession).
Relevant Laws
25 Del. C. § 5502 (Failure to Pay Rent; 5-Day Demand)
Requires a written demand giving the tenant not less than 5 days to pay before the rental agreement terminates, and includes Delaware's pay-to-stay overlay on the nonpayment process.
25 Del. C. § 5513 (Breach of Rules; 7-Day Cure and Immediate Termination)
Sets the 7-day written cure notice for a material lease violation and allows immediate termination when a breach causes or threatens irreparable harm.
25 Del. C. § 5106 (Term and Termination of Rental Agreement)
Sets the unusual 60-day written notice to terminate a month-to-month tenancy, with the period beginning the first day of the month following actual notice.
25 Del. C. § 5515 (Holdover; Double Rent)
Imposes a holdover penalty of up to double the monthly rental, pro-rated daily, for each day a tenant remains after the term ends without the landlord's consent.
25 Del. C. § 5516 (Retaliatory Acts Prohibited)
Prohibits retaliatory conduct and presumes acts within 90 days of a tenant's protected complaint to be retaliatory, with a damages remedy for the tenant.
25 Del. C. Chapter 57 (Summary Possession Proceedings)
Governs the summary possession action in the Justice of the Peace Court, including venue (§ 5701), grounds (§ 5702), time of service (§ 5705), and manner of service (§ 5706).
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal law providing lease-termination protection for active-duty servicemembers.
Regional Variances
Delaware summary possession by county Justice of the Peace Court
New Castle County
A summary possession action is maintained in the Justice of the Peace Court that hears civil cases in the county where the premises is located, so a New Castle County rental is filed in the New Castle County JP Court. The same statewide rules apply: the § 5502 5-day nonpayment demand, the § 5513 7-day cure notice, and the § 5106 60-day month-to-month notice, with the notice of hearing and complaint served at least 5 days and not more than 30 days before the hearing under § 5705. The mandatory Eviction Diversion Program applies to residential cases.
Kent County
Kent County rentals are filed in the Kent County Justice of the Peace Court that hears civil cases. The statewide Title 25 notice periods and the § 5705 service-to-hearing window apply identically, and the landlord must file a Landlord's Affidavit of Participation in the Eviction Diversion Program at least 5 days before the hearing. Kent County has no just-cause or rent-control overlay overriding the Title 25 defaults.
Sussex County
Sussex County rentals are filed in the Sussex County Justice of the Peace Court that hears civil cases. The same 5-day, 7-day, and 60-day notice rules apply, along with the mandatory Eviction Diversion Program and the § 5705 requirement that the notice of hearing and complaint be served at least 5 days and not more than 30 days before the hearing. Trial adjournments under § 5710 are limited to not more than 10 days except by consent of all parties.
Suggested Compliance Checklist
Identify the statutory ground and matching notice period
Pre-notice days after startingMap the situation to the correct Delaware notice. Nonpayment: § 5502 5-day written demand. Material lease violation: § 5513 7-day cure notice, or immediate termination if the breach causes or threatens irreparable harm. No-cause month-to-month termination or non-renewal: § 5106 60-day notice, with the 60-day period starting the first day of the month after actual notice.
Confirm the current statute text and any pending amendments
Pre-notice days after startingPull the controlling sections from delcode.delaware.gov and confirm there is no pending 2025-2026 amendment to § 5502, § 5513, or § 5106 before serving the notice. Confirm the controlling pre-suit notice delivery-method provision, since the notice sections require the notice to be in writing but do not all enumerate a single delivery method.
Draft a written notice that meets the applicable section's content rules
Pre-notice days after startingThe notice must be in writing; oral notice is not sufficient. For nonpayment, demand payment and state that unless payment is made within not less than 5 days the agreement terminates (§ 5502). For a lease violation, substantially specify the rule breached, allow at least 7 days to cure, and state it is given pursuant to § 5513 (§ 5513). For a month-to-month termination, give at least 60 days written notice (§ 5106).
Serve the written notice on the tenant
Service days after startingDeliver the written pre-suit notice to the tenant. Because the § 5502, § 5513, and § 5106 sections require the notice to be in writing but do not all set one mandatory delivery method, confirm the controlling delivery-method provision and keep proof of how and when the notice was given or sent. The 5-day, 7-day, or 60-day count runs from when the notice is given or sent (and the 60-day period starts the first of the following month).
Wait the full notice period before filing
Notice period days after startingDo not file summary possession before the applicable period expires: not less than 5 days for nonpayment (§ 5502), at least 7 days to cure a lease violation (§ 5513), or at least 60 days for a month-to-month termination measured from the first of the month after actual notice (§ 5106). Filing early can defeat the action and force re-service and a restarted timeline.
File the summary possession complaint and enter Eviction Diversion
Post-notice days after startingFile the summary possession action in the Justice of the Peace Court that hears civil cases in the county where the premises is located (25 Del. C. Chapter 57). Delaware's Eviction Diversion Program is mandatory: file the Landlord's Affidavit of Participation in the Eviction Diversion Program at least 5 days before the hearing. The JP Court fee schedule lists a $40 Service of Writ of Summary Possession line and tiered civil-claim filing fees of $35, $40, and $45 by amount in controversy; confirm the exact summary possession complaint-filing line before relying on a single figure.
Appear at the summary possession hearing
Hearing days after startingThe notice of hearing and complaint must be served at least 5 days and not more than 30 days before the hearing (§ 5705). Bring the lease, the served notice with proof of service, a rent ledger if nonpayment is the ground, and documentation of Eviction Diversion Program participation. Trial adjournments are limited to not more than 10 days except by consent of all parties (§ 5710).
Obtain the writ of summary possession
Post-judgment days after startingIf the landlord prevails, the court can issue a writ of summary possession to recover the premises. Confirm the current JP Court fee for service of the writ (listed at $40 on the fee schedule) and the execution process before relying on a specific figure or timeline.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground and matching notice period | Map the situation to the correct Delaware notice. Nonpayment: § 5502 5-day written demand. Material lease violation: § 5513 7-day cure notice, or immediate termination if the breach causes or threatens irreparable harm. No-cause month-to-month termination or non-renewal: § 5106 60-day notice, with the 60-day period starting the first day of the month after actual notice. | - | Pre-notice |
| Confirm the current statute text and any pending amendments | Pull the controlling sections from delcode.delaware.gov and confirm there is no pending 2025-2026 amendment to § 5502, § 5513, or § 5106 before serving the notice. Confirm the controlling pre-suit notice delivery-method provision, since the notice sections require the notice to be in writing but do not all enumerate a single delivery method. | - | Pre-notice |
| Draft a written notice that meets the applicable section's content rules | The notice must be in writing; oral notice is not sufficient. For nonpayment, demand payment and state that unless payment is made within not less than 5 days the agreement terminates (§ 5502). For a lease violation, substantially specify the rule breached, allow at least 7 days to cure, and state it is given pursuant to § 5513 (§ 5513). For a month-to-month termination, give at least 60 days written notice (§ 5106). | notice-to-vacate | Pre-notice |
| Serve the written notice on the tenant | Deliver the written pre-suit notice to the tenant. Because the § 5502, § 5513, and § 5106 sections require the notice to be in writing but do not all set one mandatory delivery method, confirm the controlling delivery-method provision and keep proof of how and when the notice was given or sent. The 5-day, 7-day, or 60-day count runs from when the notice is given or sent (and the 60-day period starts the first of the following month). | - | Service |
| Wait the full notice period before filing | Do not file summary possession before the applicable period expires: not less than 5 days for nonpayment (§ 5502), at least 7 days to cure a lease violation (§ 5513), or at least 60 days for a month-to-month termination measured from the first of the month after actual notice (§ 5106). Filing early can defeat the action and force re-service and a restarted timeline. | - | Notice period |
| File the summary possession complaint and enter Eviction Diversion | File the summary possession action in the Justice of the Peace Court that hears civil cases in the county where the premises is located (25 Del. C. Chapter 57). Delaware's Eviction Diversion Program is mandatory: file the Landlord's Affidavit of Participation in the Eviction Diversion Program at least 5 days before the hearing. The JP Court fee schedule lists a $40 Service of Writ of Summary Possession line and tiered civil-claim filing fees of $35, $40, and $45 by amount in controversy; confirm the exact summary possession complaint-filing line before relying on a single figure. | - | Post-notice |
| Appear at the summary possession hearing | The notice of hearing and complaint must be served at least 5 days and not more than 30 days before the hearing (§ 5705). Bring the lease, the served notice with proof of service, a rent ledger if nonpayment is the ground, and documentation of Eviction Diversion Program participation. Trial adjournments are limited to not more than 10 days except by consent of all parties (§ 5710). | - | Hearing |
| Obtain the writ of summary possession | If the landlord prevails, the court can issue a writ of summary possession to recover the premises. Confirm the current JP Court fee for service of the writ (listed at $40 on the fee schedule) and the execution process before relying on a specific figure or timeline. | - | Post-judgment |
Frequently Asked Questions
Yes. Under 25 Del. C. § 5502, the written demand must give the tenant a stated time of not less than 5 days after the notice is given or sent. That count runs on calendar days rather than business days, so intervening weekends and holidays are included rather than skipped. Because the statute says the notice may be given or sent, the demand can be delivered or mailed, and the 5 days are a statutory floor the demand cannot fall below.
Under 25 Del. C. § 5513, if a tenant breaches a rule or covenant material to the rental agreement, the landlord must notify the tenant in writing and allow at least 7 days after notice for the breach to be remedied or corrected. The notice must substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the agreement and bring an action for summary possession. The notice should also state it is given pursuant to § 5513 so that a substantially similar breach within 1 year may be relied on; confirm the exact repeat-breach language from the statute before quoting it.
Under 25 Del. C. § 5106, the minimum 60-day period does not begin on the day the landlord delivers written notice; it begins on the first day of the month following the day of actual notice. Because of that delayed start, the practical lead time can be longer than 60 calendar days from the date you serve. The same section also lets a landlord end a fixed-term agreement by giving at least 60 days written notice before the term expires; confirm the exact fixed-term subsection text from the Delaware Code before quoting it inline.
Delaware operates a mandatory Eviction Diversion Program in residential summary possession cases filed in the Justice of the Peace Court. The landlord must participate after filing a complaint and must file a Landlord's Affidavit of Participation in the Eviction Diversion Program with the court at least 5 days before the hearing. The tenant has 15 days after being served to begin the program by registering, logging on, and engaging in mediation. The program is provided at no cost. Consult the current Justice of the Peace Court rules for the specific procedures.
Active-duty servicemembers have lease-termination protections under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955), and Delaware also has a state servicemember early-termination provision in Title 25 Chapter 55 (the servicemember termination section). Landlords should consult the full text of both the federal SCRA and the relevant Delaware statute to ensure compliance. A landlord who receives a servicemember termination notice should verify the orders before proceeding with a notice to vacate or eviction on the same tenancy.
Delaware's notice provisions are specific about content and timing: § 5502 requires a written demand giving not less than 5 days; § 5513 requires a written notice that substantially specifies the breached rule and allows at least 7 days; and § 5106 requires at least 60 days written notice with the period starting the first of the following month. A notice that is oral, understates the required period, or omits required content may not support a summary possession action, forcing the landlord to re-serve a corrected notice and restart the timeline. Confirm each section's content requirements against the current statute before serving.
No. 25 Del. C. § 5516 prohibits retaliatory acts, and conduct such as pursuing summary possession within 90 days of a tenant's protected complaint or action is presumed to be retaliatory. A tenant from whom possession has been sought in violation of this section may recover 3 months' rent or treble the damages sustained, whichever is greater, plus the cost of suit (excluding attorneys' fees). The statute enumerates several protected tenant actions; landlords should review the full list in § 5516 to understand the scope of the anti-retaliation rule.
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