Delaware Eviction Notice
Create a free Delaware eviction notice with the state's required notice periods built in. Pick the notice type, fill in the details, and download a PDF.
Delaware notice periods
Nonpayment: 5 days · Lease violation (cure): 7 days · No-cause termination: 60 days.
Tenant Name(s)
Live Preview
⚠ Delaware requires a 5-day notice for a notice to pay rent or quit; the count runs from the date of SERVICE, and some states exclude weekends/holidays — verify before relying on a date. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
Notice to Pay Rent or Quit (Delaware)
NOTICE TO PAY RENT OR QUIT
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that rent is now due and unpaid in the amount of $________. This amount is for unpaid RENT only and excludes late fees, utilities, and other charges unless your state and lease allow them.
You are required to PAY the full amount of rent due within 5 days after this notice is served on you, OR to vacate and surrender possession of the property. Payment must be made to [LANDLORD/AGENT NAME] at [LANDLORD ADDRESS], by cash, check, or money order. If you mail payment, it must be RECEIVED by the deadline.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under Del. Code Ann. tit. 25, §§ 5106, 5502, 5513; Ch. 57 (Summary Possession).
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
This notice is given without waiving, and the landlord expressly reserves, all other rights and remedies, including the right to recover unpaid rent and damages.
How this notice may be served: Per 25 Del. C. § 5706, the summons/complaint is served like a personal-service summons. If personal service fails, it may be left with a person of suitable age and discretion who resides or is employed at the unit. If no such person is found after reasonable effort, it is posted on a conspicuous part of the rental unit AND mailed by certified mail or first-class mail with certificate of mailing. The pre-suit termination notice (5-day pay, 7-day cure) is "given or sent" in writing to the tenant.
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. Notice periods, wording, and service rules vary by state and city. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court.
Delaware Eviction Notice Requirements
In Delaware, a landlord must serve a written notice before filing for eviction under Del. Code Ann. tit. 25, §§ 5106, 5502, 5513; Ch. 57 (Summary Possession). The required notice period depends on the reason:
- Nonpayment of rent: 5-day notice to pay or quit. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
- Curable lease violation: 7-day notice to cure or quit. 25 Del. C. § 5513(a): for a breach of any rule or covenant material to the rental agreement, the landlord must notify the tenant in writing and "allow at least 7 days after such notice for remedy or correction." Verified verbatim. Does not apply to late rent (covered by § 5502). The notice must specify the breach with particularity.
- No-cause termination (month-to-month): 60-day notice. No no-fault termination of a periodic tenancy mid-term without notice. 25 Del. C. § 5106(d): either party may terminate a month-to-month tenancy on a minimum of 60 days' written notice, the 60-day period beginning on the first day of the month following actual notice (verified verbatim). § 5106(c): a year-to-year (non-month-to-month) agreement is terminated on a minimum of 60 days' notice before the expiration of the term. A landlord may decline to renew/terminate without stating cause subject to these 60-day rules.
Service: Per 25 Del. C. § 5706, the summons/complaint is served like a personal-service summons. If personal service fails, it may be left with a person of suitable age and discretion who resides or is employed at the unit. If no such person is found after reasonable effort, it is posted on a conspicuous part of the rental unit AND mailed by certified mail or first-class mail with certificate of mailing. The pre-suit termination notice (5-day pay, 7-day cure) is "given or sent" in writing to the tenant.
- Nonpayment of rent: 25 Del. C. § 5502 requires a written demand giving the tenant not less than 5 days to pay before the agreement terminates and a summary possession action is filed (verified verbatim on delcode.delaware.gov).
- Curable lease violation: 25 Del. C. § 5513(a) requires written notice and at least 7 days to cure (verified verbatim); a substantially similar breach within 1 year lets the landlord rely on the prior notice and proceed to summary possession without a new cure period.
- Severe conduct (irreparable harm to person/property, or a class A misdemeanor/felony conviction causing/threatening such harm): § 5513 allows immediate termination upon notice with no cure, and the JP Court can issue a forthwith (expedited) summons.
- No-cause termination of a month-to-month or year-to-year tenancy requires a minimum of 60 days' written notice (§ 5106(c),(d)); the 60-day period for month-to-month begins the first day of the month after actual notice (verified verbatim).
- Evictions are 'summary possession' actions filed in Justice of the Peace Court; cases are scheduled for an eviction-diversion mediation, and trial may not commence until the landlord has engaged in mediation (with exceptions).
Delaware Eviction Notices by Type
Frequently Asked Questions
How many days notice to evict for nonpayment in Delaware?
Delaware requires a 5-day notice to pay rent or quit before a landlord can file for eviction. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
Can a landlord evict without notice in Delaware?
No. A written notice is required before filing, and only a court can order a tenant removed. Self-help lockouts are illegal.
Does Delaware require just cause to evict?
Delaware does not have a statewide just-cause requirement, though some cities may. A month-to-month tenancy can generally be ended with a 60-day notice.
Disclaimer
This Delaware eviction notice generator is a self-help tool for general informational purposes only and is not legal advice. Confirm Delaware and local requirements before serving, and consult a landlord-tenant attorney for contested cases.
Know someone who could use this? Share this free tool: