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 the SealForms editorial team · 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) ↗
- 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.
Live preview · updates as you type
Notice to Pay or Quit / Vacate
State of Delaware
Date: __________. To: __________ ("Tenant"), and all occupants of __________ (the "Premises").
You are hereby notified that you are in violation of your tenancy for the following reason: __________ . Amount due, if applicable: $______.
You are required, within ____ days as required by Delaware law, on or before__________, to cure the violation (or pay the amount due) OR to vacate and surrender the Premises. If you fail to do so, the landlord may begin eviction proceedings in court.
This notice is given under the landlord-tenant laws of the State of Delaware. Nothing here waives the landlord’s rights.
Generated with SealFormsReflects Delaware law · verified 2026
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.
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.
Is an eviction notice the same as eviction?
No. The notice is the required first step — it gives the tenant a chance to pay, fix the problem, or move out by a deadline. If they don’t, you then file an eviction (unlawful detainer) case in court. You cannot lock out or remove a tenant yourself; only a court and law enforcement can carry out an eviction.
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).
Eviction notice in other states
More Delaware legal forms
Different state? See eviction notices by state →