Delaware 5-Day Eviction Notice Overview
Delaware's landlord-tenant framework is codified in the Delaware Residential Landlord-Tenant Code at 25 Del.C. Chapter 55. The First State is one of a small number of jurisdictions that mandates a 5-day notice periodfor non-payment of rent, giving it one of the shorter cure windows in the nation. Eviction cases, called "summary possession" actions, are heard in Justice of the Peace Court, Delaware's limited-jurisdiction court that handles most residential landlord-tenant disputes.
Delaware is a small state with only three counties — New Castle, Kent, and Sussex — but each has unique rental market dynamics. New Castle County, home to Wilmington and Newark, has the highest population density and eviction filing rates. Kent County includes the state capital Dover, while Sussex County encompasses the rapidly growing beach communities of Rehoboth and Lewes. The same 5-day notice statute applies uniformly across all three counties.
5 Days
Non-payment notice
$45
Court filing fee
JP Court
Court type
3-5 Wks
Total process
25 Del.C. Section 5502 Explained
Delaware Is a True 5-Day Notice State
Delaware explicitly uses a 5-day notice period for non-payment of rent under 25 Del.C. Section 5502. This is the correct notice period for Delaware landlords dealing with tenants who have failed to pay rent when due.
Section 5502 of the Delaware Residential Landlord-Tenant Code provides that when rent is unpaid and the tenant has been given at least 5 days' written notice demanding payment, the landlord may file a complaint for summary possession. The notice must clearly state the amount of rent due and warn that failure to pay will result in court action.
Delaware uses different notice periods for different eviction grounds. Lease violations other than non-payment require a 7-day notice under 25 Del.C. Section 5513. Month-to-month tenancies may be terminated with 60 days' notice. Drug-related criminal activity on the premises can trigger immediate termination with no cure period under 25 Del.C. Section 5314.
Delaware Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 5 days | 25 Del.C. 5502 |
| Lease Violation (Curable) | 7 days | 25 Del.C. 5513 |
| Drug-Related Activity | Immediate (no cure) | 25 Del.C. 5314 |
| Month-to-Month Termination | 60 days | 25 Del.C. 5106 |
Delaware Legal Requirements for 5-Day Notices
For a 5-day notice to be upheld in Delaware Justice of the Peace Court, the notice must satisfy all statutory elements. Delaware judges will dismiss a summary possession case if the underlying notice is defective.
Required Notice Contents
- Tenant Names: Full legal names of all tenants on the lease
- Rental Property Address: Complete street address, unit number, city, and Delaware county
- Amount Due: Specific total of rent owed including the period(s) for which rent is unpaid and any lawful late charges
- 5-Day Demand: Clear language stating the tenant has 5 days from service to pay the full amount
- Consequences: Statement that failure to pay within 5 days will result in a summary possession action in Justice of the Peace Court
- Landlord Identification: Name, address, and contact information of the landlord or agent
- Date of Service: The date the notice is delivered, which begins the 5-day count
How to Serve a 5-Day Notice in Delaware
Delaware law at 25 Del.C. Section 5501 specifies the acceptable methods for delivering an eviction notice. Service must be documented carefully because Justice of the Peace Courts require proof of proper service before proceeding with a summary possession hearing.
Personal Hand-Delivery
Deliver the notice directly to the tenant in person. This is the strongest service method under Delaware law and eliminates disputes about receipt. Bring a witness or hire a process server.
Leave with Adult Resident
If the tenant cannot be found, leave the notice with any adult person residing at the premises. Document the name and relationship of the person who accepted service.
Post on Door and Mail
Affix the notice to the main entrance of the rental unit and mail a copy by first-class mail. This method should be used only as a last resort when personal delivery and substituted service have failed.
Create a Proof of Service
Document the date, time, method, and any witnesses to the service. Delaware Justice of the Peace Courts will require this documentation when you file the complaint.
File After 5 Days Expire
If the tenant does not pay within 5 days, file a summary possession complaint at the Justice of the Peace Court serving the property's location in New Castle, Kent, or Sussex County.
Delaware Eviction Timeline
Delaware's summary possession process is designed to move efficiently through Justice of the Peace Court. A typical uncontested eviction in Delaware takes approximately 3 to 5 weeks from the date the 5-day notice is served, making it one of the faster states for eviction processing.
After the 5-day notice expires and the landlord files the complaint, the court schedules a hearing within 5 to 15 days. At the hearing, both parties may present evidence. If the landlord establishes that rent was unpaid, proper notice was served, and the 5-day period expired without payment, the court enters a judgment for possession.
The tenant has 5 days to appeal to the Court of Common Pleas. If no appeal is filed, the landlord requests a writ of possession, and the constable executes the removal. Self-help evictions are prohibited under 25 Del.C. Section 5503, which bars landlords from locking out tenants, removing doors or windows, or shutting off utilities without a court order.
Delaware Eviction Filing Fees & Costs
Delaware's eviction filing costs are among the most affordable in the nation. Below are the typical expenses landlords should anticipate when pursuing a summary possession action.
| Fee / Cost | Typical Amount |
|---|---|
| JP Court Filing Fee | $45 |
| Constable Service Fee | $20 - $40 |
| Writ of Possession | $25 - $50 |
| Attorney Fees (Uncontested) | $400 - $1,200 |
| Appeal to Court of Common Pleas | $50 - $100 |
Sample Delaware 5-Day Pay or Quit Notice
Below is a preview of the Delaware-specific 5-day notice for non-payment of rent. The document references 25 Del.C. Section 5502 and includes all elements required by Justice of the Peace Court.
FIVE-DAY NOTICE TO PAY OR QUIT
STATE OF DELAWARE
Pursuant to 25 Del.C. Section 5502
TO TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Delaware Address]
County: [New Castle / Kent / Sussex]
DEMAND FOR PAYMENT:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to 25 Del.C. Section 5502, you have FIVE (5) DAYS from the date of service to pay the total amount due or vacate the premises.
DELAWARE COMPLIANCE
This notice complies with the Delaware Residential Landlord-Tenant Code (25 Del.C. Chapter 55). The 5-day period is the statutory requirement for non-payment of rent.