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 rent | 7 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 violation | 7 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 violation | States |
|---|---|
| 7 days · 7 days, with cure | Delaware |
| 10 days · 30 days | Maryland |
| No statewide rule · 30 days, with cure | New Jersey |
| 10 days · 15 days | Pennsylvania |
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 limit | 1 month's rent (with exceptions)25 Del. C. § 5514(a), (i); § 5514A(d) |
|---|---|
| Deposit return deadline | 20 days after the lease ends25 Del. C. § 5514(e), (f), (h) |
| Late-fee cap | 5% of rent25 Del. C. § 5501(d) |
| Entry notice | 48 hours' notice25 Del. C. § 5509(b) |
| Rent-increase notice | 60 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
Related
- Delaware lease agreement
- Delaware landlord-tenant law
- Eviction notice laws in every state
- Delaware notice to vacate
- Delaware late rent notice
- Delaware rent increase notice
- Delaware security deposit return letter
- Delaware notice of entry
- Delaware lease termination letter
- Delaware lease renewal letter
- Delaware pet addendum