Free Delaware No-Smoking Addendum Template

Last reviewed September 2026

Written by LawLease Editorial

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Delaware No-Smoking Addendum

This No-Smoking Addendum is built with Delaware as the governing state. These are the Delaware landlord-tenant rules that most often bear on it, with the statute for each.

Delaware rules at a glance

Delaware rules for a No-Smoking Addendum
Nonpayment notice	7 days (from September 1, 2026), served only after the late-fee window25 Del. C. §5502(a)
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).
Landlord entry	48 hours’ notice, between 8:00am and 9:00pm25 Del. C. §5509

Landlord entry & access

Delaware sets one of the stricter entry rules in the country. Except for repairs the tenant requested, the landlord must give at least 48 hours’ notice and may enter only between 8:00am and 9:00pm; in an emergency the landlord may enter at any time (§5509(b)). For showings to prospective tenants or buyers only, the tenant may waive the 48-hour notice in a separate signed addendum. The tenant can’t unreasonably refuse access for inspections, repairs or showings, and may add a lock at their own cost if they give the landlord a key (§5509(a)).

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)).

Key Delaware notice periods
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 No-Smoking Addendum FAQs

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).

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