🐓 Delaware Eviction Notice Laws

Complete Landlord Guide to Delaware Eviction Requirements

📋 Updated for • 25 Del. C. Ch. 55

Last reviewed: January

⚠️ Delaware Has Moderate Tenant Protections

Delaware’s Landlord-Tenant Code provides a 5-day notice for non-payment but requires a 60-day notice to terminate month-to-month tenancies—longer than most states. Summary possession cases are heard in Justice of Peace Court. This guide covers requirements.

⏰

Non-Payment Notice

5 Days

📅

Month-to-Month

60 Days

💰

Security Deposit Max

1 Month

📝 Delaware Eviction Notice Types

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5-Day Notice to Pay or Quit

25 Del. C. § 5502

⏰ 5 Days

For non-payment of rent, Delaware requires a 5-day notice to pay or vacate. The notice period begins the day after service.

Notice Requirements:

✅ Must be in writing
✅ Must state the amount of rent due
✅ Must give tenant 5 days to pay or vacate
✅ Can be personally served or posted and mailed

📄 Get Free 5-Day Notice Form

🔧

7-Day Notice (Lease Violation)

25 Del. C. § 5513

⏰ 7 Days

For lease violations other than non-payment, Delaware requires a 7-day notice to cure or vacate. If the violation is not cured, the landlord can proceed to file for eviction.

📄 Get Free Lease Violation Notice

📅

60-Day Notice (Month-to-Month)

25 Del. C. § 5106

📆 60 Days

To terminate a month-to-month tenancy without cause, Delaware requires 60 days’ written notice—significantly longer than most states. This provides substantial protection for month-to-month tenants.

📄 Get Free 60-Day Notice Form

🚫

Immediate Termination

25 Del. C. § 5516

⏰ Immediate

Delaware allows immediate termination for:

🔴 Drug-related criminal activity on the premises
🔴 Violence or threats against other tenants or landlord
🔴 Possession of a weapon in violation of lease

⚖️ Delaware Summary Possession Process

Delaware evictions are filed as “Summary Possession” actions in Justice of Peace Court.

Serve Notice

Serve the appropriate notice and wait for the notice period to expire.

File Summary Possession

File the complaint in Justice of Peace Court. Filing fees are approximately $45-$75.

Service on Tenant

Tenant must be served at least 5 days before the hearing.

Court Hearing

Hearing typically scheduled within 5-15 days of filing.

Judgment

If you win, the court issues a judgment for possession.

Writ of Possession

After 5 days (appeal period), request a writ of possession. Constable executes the eviction.

💡 Tenant’s Right to Redeem

In non-payment cases, Delaware tenants can “redeem” the tenancy by paying all rent owed plus court costs before the writ is executed. This can happen even after judgment.

⏱️ Delaware Eviction Timeline

Stage	Timeline	Notes
📝 Notice period	5-60 days	5 days for non-payment
📋 File complaint	1-2 days	After notice expires
📬 Service on tenant	5+ days	Before hearing
⚖️ Court hearing	5-15 days	From filing
⏳ Appeal period	5 days	Before writ
🚔 Writ execution	5-10 days	Constable schedules

Total Timeline: Delaware evictions typically take 4-6 weeks for uncontested non-payment cases. The 60-day month-to-month termination makes those cases take 10-12 weeks.

🛡️ Common Tenant Defenses in Delaware

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Improper Notice

Notice wasn’t properly served or didn’t provide the required time period.

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Rent Was Paid / Right to Redeem

Tenant paid rent owed or exercises right to redeem by paying all amounts due.

🔧

Landlord Breach

Landlord failed to maintain the property or violated the warranty of habitability.

⚔️

Retaliation

Eviction is retaliation for tenant exercising legal rights (protected under 25 Del. C. § 5516).

💰 Delaware Security Deposit Rules

Delaware has strict security deposit requirements under 25 Del. C. § 5514:

Maximum Amount: 1 month’s rent (no pet deposit limit)
Separate Account: Required to be held in a federally insured account
Interest: Not required
Return Timeline: 20 days after tenant vacates
Itemized Statement: Required if any deductions are made
Penalty: Double the deposit amount if landlord acts in bad faith

📄 Get Free Security Deposit Form

❓ Delaware Eviction FAQ

📌 How long does a Delaware eviction take?

Delaware evictions typically take 4-6 weeks for uncontested non-payment cases. Month-to-month terminations take 10-12 weeks due to the 60-day notice requirement.

📌 Why is the month-to-month notice 60 days?

Delaware law provides additional protection for month-to-month tenants, requiring 60 days’ notice to terminate without cause. This is one of the longest in the nation.

📌 Can the tenant stop the eviction by paying?

Yes. Delaware allows tenants to “redeem” by paying all rent owed plus court costs, even after judgment but before the writ is executed.

📌 What court handles Delaware evictions?

Justice of Peace Court handles summary possession (eviction) cases in Delaware.

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📚 Related Delaware Landlord Resources

📑

Delaware Lease Agreement

State-compliant lease

💰

Security Deposit Laws

State-by-state guide

📊

Eviction Costs

State comparison

⚖️ Legal Disclaimer

This guide provides general information about Delaware eviction laws and is not legal advice. Delaware landlord-tenant law is governed by 25 Del. C. Chapter 55 and may be amended. This guide reflects requirements as of . Always consult with a qualified Delaware attorney before proceeding with an eviction.