Last reviewed September 2026
Written by LawLease Editorial
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Delaware Eviction Notice
Before a Delaware landlord can file for eviction, the tenancy usually has to be ended with written notice. How much notice depends on the reason. Here’s what Delaware’s statute says for each kind of notice this template builds.
Delaware rules at a glance
| Unpaid rent | 7 days. Once the 5-day late-fee window has passed, the landlord may demand the rent in writing, giving at least 7 days to pay before filing an eviction case.25 Del. C. §5502(a) |
|---|---|
| Lease violation | 7 days. For a breach of a rule or covenant, the landlord must give written notice and at least 7 days to fix it before terminating.25 Del. C. §5513 |
Ending a Delaware tenancy
Either party may end a month-to-month tenancy with at least 60 days’ written notice — and the 60 days start on the first day of the month after notice is actually received, not the day it’s given. Notice delivered on the 2nd of a month therefore runs almost 90 days (§5106(d)). A lease of a year or more converts to month-to-month if the landlord doesn’t give 60 days’ notice and the tenant doesn’t give 45 days’ notice before it ends (§5108). An oral lease can’t run longer than one year (§5106(a)).
| Month-to-month termination (either party) | 60 days from the 1st of the next month§5106(d) |
|---|---|
| Rent increase / change of terms | 60 days before expiration§5107 |
| Nonpayment of rent | 7 days (5 days before Sept. 1, 2026)§5502 |
| Breach of lease — cure period | 7 days§5513 |
| Tenant early termination (qualifying reasons) | 30 days from the 1st of the next month§5314 |
- Nonpayment — Once the 5-day late-fee window has passed, the landlord may demand the rent in writing, giving the tenant at least 7 days to pay before filing an eviction case (§5502(a), as amended effective September 1, 2026). A tenant who pays all rent due before the case is filed can’t be sued for possession on that basis, and paying all rent due after filing stops the case (§5502(c)–(d)). A new right of redemption lets a tenant pay all past-due amounts set by the court, plus court-awarded costs and fees, any time before the eviction order is executed — unless the tenant already had 2 nonpayment judgments of possession in the prior 18 months (§5716A).
- Lease violations — For a breach of a rule or covenant, the landlord must give written notice and at least 7 days to fix it before terminating (§5513).
- Tenant early termination — A tenant may end the lease on 30 days’ written notice — counted from the first day of the following month — for a job relocation of more than 30 miles, a serious illness of the tenant, or the death or serious illness of a household family member, that requires a permanent move, acceptance into senior or subsidized housing, military active duty, or as a victim of domestic abuse, sexual offense or stalking; a surviving spouse or the estate may do the same on the tenant’s death (§5314).
Delaware Eviction Notice FAQs
How much notice is needed to end a month-to-month lease in Delaware?
At least 60 days’ written notice from either party, and the 60 days begin on the first day of the month after the notice is received. In practice, notice given early in a month can mean close to 90 days (§5106(d)).
How much notice does a landlord have to give for nonpayment of rent in Delaware?
From September 1, 2026, a written demand giving the tenant at least 7 days to pay (it was 5 days before), and it can only be served after the 5-day late-fee window has passed. A tenant who pays all rent due before the case is filed can’t be sued for possession on that basis (§5502(c)), and a new right of redemption lets a tenant pay all past-due amounts plus court-awarded costs and fees any time before the eviction order is executed, unless they had 2 nonpayment judgments in the prior 18 months (§5716A).
More Delaware landlord documents
- Delaware Residential Lease Agreement
- Delaware Security Deposit Return Letter
- Delaware Rent Increase Notice
- Delaware Notice to Vacate
- Delaware Application Approval Letter
- Delaware Application Denial Letter
- Delaware Background & Credit Check Authorization
- Delaware Rental Application
- Delaware Co-Signer Guarantor Agreement
- Delaware Bed Bug Addendum
- Delaware Mold & Mildew Addendum
- Delaware No-Smoking Addendum
- Delaware Parking & Storage Addendum
- Delaware HOA & Community Rules Addendum
- Delaware Crime-Free Housing Addendum
- Delaware Utilities & Services Addendum
- Delaware Early Termination Addendum
- Delaware Lease Extension Addendum
- Delaware Lead-Based Paint Disclosure
- Delaware Military Clause (SCRA)
- Delaware Pet Addendum
- Delaware Cash for Keys Agreement
- Delaware Mutual Lease Termination Agreement
- Delaware Lease Renewal Agreement
- Delaware Notice of Non-Renewal
- Delaware Late Rent Notice
- Delaware Lease Violation Notice
- Delaware Notice of Entry
- Delaware Move-In / Move-Out Inspection Checklist
- Delaware Rent Receipt
- Delaware Rent Verification Letter
- Delaware Tenant Welcome Letter
- Delaware Property Management Agreement
- Delaware Commercial Lease
- Delaware Rent-to-Own Agreement
- Delaware Short-Term Rental Agreement
- Delaware Room Rental Agreement
- Delaware Roommate Agreement
- Delaware Spanish Lease Agreement
- Delaware Sublease Agreement
- Delaware Lease Amendment
Eviction Notice in other states
- Alabama Eviction Notice
- Alaska Eviction Notice
- Arizona Eviction Notice
- Arkansas Eviction Notice
- California Eviction Notice
- Colorado Eviction Notice
- Connecticut Eviction Notice
- Florida Eviction Notice
- Georgia Eviction Notice
- Hawaii Eviction Notice
- Idaho Eviction Notice
- Illinois Eviction Notice
- Indiana Eviction Notice
- Iowa Eviction Notice
- Kansas Eviction Notice
- Kentucky Eviction Notice
- Louisiana Eviction Notice
- Maine Eviction Notice
- Maryland Eviction Notice
- Massachusetts Eviction Notice
- Michigan Eviction Notice
- Minnesota Eviction Notice
- Mississippi Eviction Notice
- Missouri Eviction Notice
- Montana Eviction Notice
- Nebraska Eviction Notice
- Nevada Eviction Notice
- New Hampshire Eviction Notice
- New Jersey Eviction Notice
- New Mexico Eviction Notice
- New York Eviction Notice
- North Carolina Eviction Notice
- North Dakota Eviction Notice
- Ohio Eviction Notice
- Oklahoma Eviction Notice
- Oregon Eviction Notice
- Pennsylvania Eviction Notice
- Rhode Island Eviction Notice
- South Carolina Eviction Notice
- South Dakota Eviction Notice
- Tennessee Eviction Notice
- Texas Eviction Notice
- Utah Eviction Notice
- Vermont Eviction Notice
- Virginia Eviction Notice
- Washington Eviction Notice
- West Virginia Eviction Notice
- Wisconsin Eviction Notice
- Wyoming Eviction Notice
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