Delaware Eviction Notice Requirements

Updated October 13, 2026 · 1 min read · 1 sources

Short answer

If rent is unpaid in Delaware, the landlord must generally give a written notice before filing an eviction case: 5 days to pay or move. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.

Landlords in Delaware must follow specific steps before evicting a tenant for nonpayment. The first step is the notice.

At a glance

Question Answer
Notice for unpaid rent 5 days to pay or move
Statute Del. Code tit. 25, § 5502

How an eviction usually proceeds

  1. Notice. The landlord serves the required written notice.
  2. Court filing. If the tenant does not pay or move by the deadline, the landlord can file an eviction lawsuit.
  3. Hearing. The tenant is served with court papers and can appear and raise defenses.
  4. Judgment and removal. If the landlord wins, a court officer, not the landlord, carries out the removal after any required waiting period.

Timelines vary; see how long an eviction takes.

What tenants can do

  • Read the notice carefully and note the deadline and the amount claimed.
  • Pay in full before the deadline if the notice allows it, and get a receipt.
  • Never ignore court papers; missing the hearing usually means losing by default.
  • Look for local rental assistance and legal aid programs.

Step-by-step help: what to do when you get an eviction notice and the eviction notice response checklist. Deposit questions after moving out are covered in Delaware security deposit laws. A real estate lawyer or legal aid office can review defenses.

Sources

  1. Nolo: State laws on termination for nonpayment of rent

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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