Delaware 3-Day Eviction Notice Overview
Delaware Uses 5-Day Notices, Not 3-Day
Delaware's Landlord-Tenant Code (25 Del. C. Chapter 55) requires a 5-day notice for non-payment of rent. A 3-day notice is not recognized under Delaware law and would not support an eviction case in Justice of the Peace Court. Landlords must use the correct 5-day notice period.
Delaware's landlord-tenant law is codified in Title 25, Chapters 51 through 57 of the Delaware Code. The state's Landlord-Tenant Code provides a comprehensive framework for residential rentals, including specific notice requirements, habitability standards, and security deposit rules. Delaware's three counties (New Castle, Kent, and Sussex) all follow the same state-level eviction procedures.
Eviction cases in Delaware are handled by the Justice of the Peace Courts, which are the limited-jurisdiction courts that handle civil cases under $25,000. The JP Courts have 14 locations across the state, making them accessible in both urban areas like Wilmington and rural communities in Sussex County. The summary possession process is designed to be straightforward enough for landlords to navigate without an attorney.
5 Days
Non-payment notice
$45-$55
Filing fee
7 Days
Lease violation notice
3-5 Wks
Court process
Delaware's 5-Day Notice for Non-Payment
5-Day Notice for Non-Payment (25 Del. C. 5502)
When rent is past due, the landlord delivers a 5-day written notice. The notice must state the amount owed and demand payment within 5 days. If the tenant pays in full, the notice is rescinded. If not, the landlord can file a summary possession action in JP Court.
7-Day Notice for Lease Violations (25 Del. C. 5513)
For curable lease violations, the landlord must give 7 days' written notice describing the violation and allowing the tenant to correct it. Incurable violations such as illegal activity may allow shorter notice.
60-Day Notice for Month-to-Month (25 Del. C. 5106)
Either the landlord or tenant may terminate a month-to-month tenancy by giving 60 days' written notice. This is one of the longer notice periods in the country for no-cause terminations.
Delaware Legal Requirements
- Written Notice: Must be in writing under Delaware's Landlord-Tenant Code
- Amount Owed: Specify the exact amount of past-due rent
- 5-Day Period: Allow at least 5 days for the tenant to pay
- Property Address: Include the complete property address
- Tenant Names: List all tenants on the lease
- Service Method: Use personal delivery, posting on the door, or certified mail
How to Serve an Eviction Notice in Delaware
Personal Delivery
Hand the notice to the tenant. Use a witness or process server to document delivery
Posting on the Door
If the tenant is not available, post the notice on the front door of the rental unit. Send a copy by first-class mail as backup
Certified Mail
Send by certified mail with return receipt. Keep the receipt as proof of service
Wait 5 Full Days
Allow all 5 days to pass. Then file a summary possession action in Justice of the Peace Court
Delaware Eviction Timeline
After the 5-day notice expires, the landlord files a summary possession action in JP Court. The court issues a summons, and the hearing is typically scheduled within 5 to 15 days of filing. At the hearing, the judge decides the case. If the landlord wins, a judgment for possession is entered.
After judgment, the tenant has 5 days to appeal to Superior Court. If no appeal is filed, the landlord requests a writ of possession, and the constable executes it within 5 to 10 days. Total timeline: 3 to 5 weeks for uncontested cases. Contested cases or appeals can take 2 to 3 months.
Delaware Court Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| JP Court Filing Fee | $45 - $55 |
| Service of Process | $20 - $40 |
| Writ of Possession | $30 - $50 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal to Superior Court | $100 - $200 |
Sample Delaware 5-Day Eviction Notice
Below is a preview of a Delaware-compliant 5-day notice for non-payment under 25 Del. C. 5502.
5-DAY NOTICE TO PAY RENT OR VACATE
STATE OF DELAWARE
Pursuant to 25 Del. C. Section 5502
TO TENANT(S):
Name: [Tenant Full Name]
PREMISES:
Address: [Address, City, DE ZIP]
County: [New Castle / Kent / Sussex]
RENT DUE:
Amount: $[Amount] for: [Period]
DELAWARE COMPLIANCE
This notice complies with 25 Del. C. Section 5502 requiring a 5-day notice period. Delaware does not use 3-day notices for non-payment of rent.