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    Delaware Eviction Notice Law

    Delaware's notice period for unpaid rent is 7 days (7-day notice to pay rent). For a lease violation it is 7 days, and the tenant gets a chance to fix the problem.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Not legal advice. A defective notice can restart an eviction case; ask a Delaware attorney or court self-help center before serving one. See our disclaimer.

    Delaware eviction notice rules at a glance

    Notice for unpaid rent7 days (7-day notice to pay rent)25 Del. C. § 5502(a), (c)-(d), SS 1 for SB 116 (85 Del. Laws c. 436), effective Sept. 1, 2026
    Notice for a lease violation7 days (chance to cure)25 Del. C. § 5513(a)-(b)
    Ending a month-to-month tenancy (no-fault)60 days (either side)25 Del. C. § 5106(c)–(d)

    Notice for unpaid rent

    • In effect since .
    • Before : The demand notice had to give the tenant at least 5 days to pay before the landlord could file (25 Del. C. § 5502(a) before SS 1 for SB 116).

    What Delaware law says

    What notice must a Delaware landlord give before filing an eviction for unpaid rent?

    Once the 5-day late-fee grace period has passed, a landlord may demand the past-due rent in writing and, since Sept. 1, 2026, must give the tenant at least 7 days after the notice to pay before filing for summary possession; full payment before filing ends the case (25 Del. C. § 5502(a), (c)) (25 Del. C. § 5502(a), (c)-(d)).

    How much notice is required for a lease violation in Delaware?

    For a breach of a material lease rule or covenant, give written notice naming the rule and allow at least 7 days to cure; a substantially similar breach within a year can be acted on without a new cure period, and breaches causing irreparable harm allow immediate termination (25 Del. C. § 5513(a)-(b)).

    How much notice ends a month-to-month tenancy in Delaware?

    Either side may end a month-to-month tenancy with at least 60 days' written notice, counted from the first day of the month after the notice is given (25 Del. C. § 5106(d)) (25 Del. C. § 5106(c)–(d)).

    How Delaware compares

    23 of 49 verified jurisdictions use a shorter unpaid-rent notice.

    None of Delaware's 3 neighbors follows the same rule.

    Unpaid rent · lease violationStates
    7 days · 7 days, with cureDelaware
    10 days · 30 daysMaryland
    No statewide rule · 30 days, with cureNew Jersey
    10 days · 15 daysPennsylvania

    Recent changes in Delaware

    • 7-day rent demand and a right of redemption (effective ): A rent demand must now give the tenant at least 7 days (was 5) before a landlord can file for summary possession, and the landlord can no longer end the lease for unpaid rent outside court. In a case based only on unpaid rent, a tenant with fewer than 2 nonpayment judgments in 18 months can stop the eviction by paying everything owed, plus court costs and fees, at any time before the writ is carried out. 25 Del. C. § 5502(a), (c)-(d), 25 Del. C. § 5716A, Delaware JP Court, Right of Redemption

    Other Delaware rules

    Security deposit limit1 month's rent (with exceptions)25 Del. C. § 5514(a), (i); § 5514A(d)
    Deposit return deadline20 days after the lease ends25 Del. C. § 5514(e), (f), (h)
    Late-fee cap5% of rent25 Del. C. § 5501(d)
    Entry notice48 hours' notice25 Del. C. § 5509(b)
    Rent-increase notice60 days (Notice must specify the new rent or deposit and effective date; a tenant who does not give notice of termination at least 45 days before the term ends is deemed to accept. Not applicable where rent is income-based under HUD rules)25 Del. C. § 5107

    Read the Delaware law

    Put the rent due date and notice terms in writing

    Report an outdated or wrong rule