Delaware Eviction Laws
Delaware requires landlords to give tenants 60 days written notice to terminate a month-to-month tenancy and 5 days for nonpayment of rent.
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Key Rules
- Notice Period
- 60 days for month-to-month tenancy; 5 days for nonpayment; 7 days for lease violations
- Just Cause Required
- No statewide just-cause requirement
- Cure Or Quit Period
- 7 days to cure lease violation; 5 days for nonpayment of rent
- Eviction Process
- Filed in Justice of the Peace Court; summary possession proceedings
Applicable Statutes
Del. Code Ann. tit. 25, § 5501
Grounds for termination: landlord may terminate tenancy for nonpayment of rent, lease violations, or at end of lease term with proper notice.
Del. Code Ann. tit. 25, § 5502
Notice requirements: landlord must give 5 days notice for nonpayment of rent, 7 days notice for other lease violations, and at least 60 days notice to terminate a month-to-month tenancy.
Del. Code Ann. tit. 25, § 5303
Cure period: tenant has the opportunity to cure a remediable lease violation within the notice period before the landlord may file for eviction.
Legal Aid Resources
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.