Delaware Eviction Notice
Notice to pay rent or quit, cure a violation or vacate — with your state's exact notice period, required wording and service rules.
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Delaware rules that this document follows
| Nonpayment of rent | 5 days — 5-Day Notice to Pay or QuitSource: 25 Del. C. § 5502(a) |
|---|---|
| Lease violation | 7 days — tenant may cureSource: 25 Del. C. § 5513(a) |
| Unconditional quit | 7 days — Repeat of a substantially similar violation within 12 months (7-day notice, no cure); conduct causing or threatening irreparable harm to persons or property (immediate, § 5513(b))Source: 25 Del. C. § 5513(a), (b) |
| Permitted service methods | personal, substituted, posting and mailing, certified mailSource: 25 Del. C. § 5113 (service of notices) |
| Statute | Delaware Residential Landlord-Tenant Code, 25 Del. C. §§ 5502, 5513; Summary Possession Ch. 57 |
Rules current as of 2026-09-07. Statutes change; verify before relying on them.
How to use this Eviction Notice in Delaware
Serve the notice exactly as Delaware law allows and count the days correctly — the deadline is the first thing a judge checks. Do not include late fees in a pay-or-quit amount unless your state permits it. If the tenant pays the full amount in time, the notice is satisfied.
Keep a copy of the notice and the signed proof of service; you will attach both to the court complaint if the tenant does not comply.
Frequently asked questions
How many days' notice for nonpayment of rent in Delaware?
5 days (5-Day Notice to Pay or Quit), 25 Del. C. § 5502(a). Properties covered by the CARES Act require at least 30 days.
How must the notice be delivered?
personal, substituted, posting and mailing, certified mail. 25 Del. C. § 5113 (service of notices) Keep the completed proof of service — the court will ask for it.
Can I change the locks or shut off utilities instead?
No. Self-help eviction is illegal in every state and exposes the landlord to damages. After the notice period expires you must file an eviction case in court.
Related documents
- Residential Lease Agreement — Delaware
- Room Rental Agreement — Delaware
- Rental Application — Delaware
- Lease Termination Letter — Delaware
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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.
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