Eviction notice rules in Delaware
Nonpayment notice
5-day written notice (25 Del. C. §5502): demand payment and warn that unless paid within a time not less than 5 days after the notice was given or sent, the rental agreement terminates. NOTE: 2025 bill SB116 (SS1) proposed changing this to 7 days and adding a right-to-redeem procedure — FindLaw's text current as of Jan 1, 2026 still shows 5 days, so the change is NOT treated as enacted; verify before relying.
Lease-violation notice
7-day written notice to remedy or correct a material breach of a rule or covenant (25 Del. C. §5513(a)). The notice must specify the rule breached and warn that continued violation ends the agreement. If the tenant commits a substantially similar breach within 1 year, the landlord may rely on the original notice — no new cure opportunity. If the breach also violates a municipal/county/state code, the landlord may terminate and file for summary possession immediately (§5513(a)(3)).
Unconditional quit (no second chance)
Yes — 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 causing/threatening irreparable harm, the landlord may immediately terminate the agreement upon notice to the tenant and bring a summary possession action — no cure (25 Del. C. §5513(b)).
No-cause / end-of-tenancy notice
60 days' written notice to terminate a month-to-month agreement (25 Del. C. §5106); 60 days' written notice before expiration of other fixed terms.
How the notice must be served
Statute requires the notice be 'given or sent' in writing (§5502); delivery may be personal or by mail. Exact service standard (posting/household-member rules) <em>reported — confirm with a licensed attorney</em>.
Your right to fix it (cure)
Nonpayment: paying all rent due before the landlord initiates an action (and landlord accepts without written reservation of rights) bars the action; if paid after initiation and accepted without reservation, the landlord may not maintain it (§5502(c),(d)). Lease violations: 7 days to remedy (§5513(a)), except irreparable-harm breaches and repeat similar breaches within 1 year.
How days are counted
The 5-day clock runs 'after the date notice was given or sent.' Weekend/holiday counting rules <em>reported — confirm with a licensed attorney</em>.
After the notice expires
Landlord must file an action for summary possession in the Justice of the Peace Court (25 Del. C. §§5701 et seq.). Tenant does NOT have to leave when notice expires; self-help (lockouts, utility shutoffs) is prohibited (25 Del. C. §5313). Only a court order enforced by a constable/sheriff removes the tenant.
Court timeline
Summary possession actions in Justice of the Peace Court are designed to move quickly — typically weeks from filing to hearing in uncontested cases.
Retaliation & defenses
Retaliatory acts prohibited (25 Del. C. §5516). Discrimination barred by state/federal fair housing law.
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