Delaware Eviction Notice
Create a proper Delaware eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What happens after the notice in Delaware
If the tenant does not comply, the eviction moves to court. These are Delaware’s own rules for that step, from the judiciary and the statute.
- What the case is called. In Delaware an eviction lawsuit is a(n) summary possession action. — 25 Del. C. § 5701 ↗
- Where to file. If the tenant doesn’t comply with the notice, the landlord files in the Justice of the Peace Court. — 25 Del. C. § 5701 ↗
- How to serve the notice. Personal service on tenant, or leaving copy at the rental unit with an adult resident; or registered/certified/first-class mail with certificate of mailing; or posting on the unit combined with a mailing receipt. — 25 Del. C. § 5113 ↗
- Filing fee. $45 uniform statewide (Landlord/Tenant filing fee, JP Court; 10 Del. C. § 9801). Service of writ of summary possession $40. — Delaware Courts – JP Court Civil Fees (10 Del. C. § 9801) ↗
- Official guidance. Delaware publishes its own instructions for the court step; read them before filing. — Delaware Courts – Landlord/Tenant help page ↗
- No self-help. 25 Del. C. § 5313 – Unlawful ouster or exclusion of tenant: removal only under color of a valid court order; tenant may recover possession plus treble damages. — 25 Del. C. § 5313 ↗
Each point links to the Delaware source it was taken from. Rules change; confirm before relying on them.
Delaware notice periods · as of 2026
- Non-payment of rent
- 5 days
- Lease violation (cure)
- 7 days
- End month-to-month
- 60 days
Source: 25 Del. C. § 5502; § 5513; § 5106/§ 5107 · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.
Need the document itself?
Fill in a Delaware eviction notice and download a print-ready PDF — free, no signup, and it runs entirely in your browser.
Open the generator →The generator opens with Delaware already selected.
Types of eviction notice
- Pay or quit — for unpaid rent: pay by the deadline or move out.
- Cure or quit — for a lease violation: fix it by the deadline or move out.
- Unconditional / termination — to end a month-to-month tenancy or for serious violations.
Delaware notice period & service
The number of days and how you must deliver the notice are set by Delaware law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current Delaware eviction rules before serving.
If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a Delaware demand letter for payment; if it’s ignored, you can file in Delaware small claims court, where the limit is $25,000.
Frequently asked questions
How many days notice do I have to give in Delaware?
In Delaware, a non-payment (pay-or-quit) notice must give the tenant 5 days to pay or leave (as of 2026). Source: 25 Del. C. § 5502; § 5513; § 5106/§ 5107. Notice periods for lease violations or ending a tenancy differ — see the box on this page and confirm current law before serving.
How do I serve the notice in Delaware?
States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow Delaware’s method carefully.
Do I need a lawyer?
Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in Delaware.
Where does a landlord file an eviction case in Delaware?
If the tenant does not comply with the notice, the landlord files in the Justice of the Peace Court (the case is called a(n) summary possession action). Source: 25 Del. C. § 5701.
How must an eviction notice be served in Delaware?
Personal service on tenant, or leaving copy at the rental unit with an adult resident; or registered/certified/first-class mail with certificate of mailing; or posting on the unit combined with a mailing receipt. Source: 25 Del. C. § 5113.
What does it cost to file an eviction in Delaware?
$45 uniform statewide (Landlord/Tenant filing fee, JP Court; 10 Del. C. § 9801). Service of writ of summary possession $40. Source: Delaware Courts – JP Court Civil Fees (10 Del. C. § 9801).
How does Delaware compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.
How Delaware compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗.
- Notice to pay rent or quit
Notice to pay rent or quit: 5 days, exactly the national median.
This is the most common figure nationally — shared by 7 other states.
Notice to pay rent or quit in neighboring states — Maryland (10 days), New Jersey (no statutory rule), Pennsylvania (10 days). Delaware's 5 days is the shortest among its neighbors.
- Notice to cure a lease violation
Notice to cure a lease violation: 7 days — well under the national median of 14 days across the 38 states with a statutory rule.
Ranked #28 of 38 states (tied with 4) — higher means more time to fix the violation.
4 other states use the same figure.
Notice to cure a lease violation in neighboring states — Maryland (30 days), New Jersey (30 days), Pennsylvania (no statutory rule). Delaware's 7 days is the shortest among its neighbors.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 60 days — about 2× the national median of 30 days across the 51 states with a statutory rule.
Ranked #1 of 51 states (tied with 3) — higher means a longer notice period.
3 other states use the same figure.
Notice to end a month-to-month tenancy in neighboring states — Maryland (60 days), New Jersey (30 days), Pennsylvania (15 days).
The rest of what Delaware requires
The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases over 1 yr; no cap on month-to-month) 25 Del. C. §5514 ↗
- Deposit return deadline · as of 2026
- 20 days after move-out 25 Del. C. §5514 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 60 days 25 Del. C. §5514 ↗
- Small claims limit · as of 2026
- $25,000 10 Del. C. §9301 ↗
- Where you file · as of 2026
- Justice of the Peace Court (civil docket) · filing fee $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule 10 Del. C. §9301 ↗
- Rental application fee · as of July 2026
- Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
- Bill of sale notarization · as of 2026
- Not required Delaware DMV ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 12 Del. C. §49A-105 (form §49A-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
- Recording a deed · as of 2026
- Recorder of Deeds (one per county: New Castle, Kent, Sussex) · no witnesses 25 Del. C. §§ 121–122 ↗
Eviction notice in other states
More Delaware legal forms
Different state? See eviction notices by state →