Delaware Eviction Notice Overview
Delaware does not use a 7-day eviction notice period for non-payment of rent. Under 25 Del. C. Section 5502, landlords must provide a 5-day notice to pay rent or vacate. The Residential Landlord-Tenant Code (25 Del. C. Chapter 55) governs most residential evictions in Delaware. After the 5-day period expires without payment, the landlord may file a summary possession action in Justice of the Peace Court.
Delaware has three counties (New Castle, Kent, and Sussex) with Justice of the Peace Courts located throughout the state. The JP Court handles all residential eviction cases under a summary possession procedure. Delaware enacted SB 101 in 2021, which strengthened tenant protections including a right-to-counsel pilot program for eviction cases in Wilmington. The state also requires landlords to be registered with the Delaware Division of Revenue before they can pursue evictions.
5 Days
Notice period
$45
Filing fee
DE Code
Governing law
JP Court
Court level
Why Delaware Uses 5 Days, Not 7
Important: Delaware Uses a 5-Day Notice, Not 7
Delaware requires a 5-day notice for non-payment of rent under 25 Del. C. 5502. For material lease violations, a 7-day notice to cure is required under 25 Del. C. 5513. Note that while there is a 7-day cure period for lease violations, the standard non-payment notice is 5 days. Using the wrong notice type can result in dismissal.
Delaware Notice Periods at a Glance
- 5-Day Notice — Non-Payment (25 Del. C. 5502): Tenant has 5 days to pay all rent owed or vacate the premises
- 7-Day Notice — Lease Violations (25 Del. C. 5513): Tenant has 7 days to cure a material breach of the rental agreement
- 60-Day Notice — Month-to-Month (25 Del. C. 5106): Either party must provide 60 days notice to terminate a month-to-month tenancy
- 7-Day Notice — Holdover: For tenants remaining after lease expiration without landlord consent
Delaware Notice Requirements
Delaware courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 5 days for non-payment as required by Delaware law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Delaware
Delaware law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver the notice directly to the tenant in person. This is the most reliable method and is preferred by Delaware Justice of the Peace Courts.
Posting on Premises
Post the notice on the main entry door of the rental unit in a conspicuous manner. This method is acceptable when the tenant cannot be found for personal delivery.
Certified Mail
Send via certified mail with return receipt requested. The return receipt provides strong proof of delivery for the JP Court filing. Allow extra time for mail delivery.
Document Service
Prepare a certificate of service documenting the date, time, and method of delivery. Delaware JP Courts require proof of proper service when filing summary possession complaints.
Delaware Eviction Timeline
The Delaware eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 5-day notice for non-payment of rent per 25 Del. C. 5502
If tenant has not paid, file summary possession action in Justice of the Peace Court
Hearing scheduled by JP Court; typically within 5-15 days of filing
Hearing held; if landlord prevails, judgment of possession entered; tenant has 5 days to vacate or appeal
Writ of possession issued if tenant remains; constable executes physical removal
Uncontested Delaware evictions typically take 4-6 weeks from notice to removal. Contested cases can take 6-10 weeks or longer. Appeals from JP Court go to the Court of Common Pleas for a de novo trial, which can add several months. Delaware's right-to-counsel pilot program in Wilmington (New Castle County) may affect timelines for cases in that area.
Delaware Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Delaware Justice of the Peace Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| JP Court Filing Fee | $45 |
| Service of Process (Constable) | $20 - $50 |
| Writ of Possession | $30 - $60 |
| Attorney Fees (optional) | $600 - $2,000 |
| Appeal to Common Pleas | $100 - $150 |
Sample Delaware Eviction Notice
Below is a preview of a Delaware-compliant eviction notice that meets the requirements of 25 Del. C. 5502.
5-DAY NOTICE TO PAY OR VACATE
STATE OF DELAWARE
Pursuant to 25 Del. C. 5502
LANDLORD:
Name: [Full Legal Name]
Address: [Delaware Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You are hereby notified that rent in the amount of $[Amount] for the rental period of [Dates] is past due. You have FIVE (5) DAYS from the date of service of this notice to pay the above amount in full or vacate the premises and deliver possession to the landlord.
DELAWARE COMPLIANCE NOTE
Delaware requires a 5-day notice for non-payment of rent (25 Del. C. 5502), not 7 days. For lease violations other than non-payment, a separate 7-day notice to cure applies under 25 Del. C. 5513. Landlords must be registered with the Delaware Division of Revenue.