For nonpayment, Del. Code tit. 25 § 5502 requires a written demand giving the tenant not less than 5 days to pay before termination. For a lease or rule violation, § 5513 requires at least 7 days' notice to cure. Evictions proceed as summary possession in Justice of the Peace Court.
Under Del. Code tit. 25 § 5502, when rent is unpaid the landlord may demand payment in writing that 'unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated.' For a breach of rules or covenants, § 5513 requires the landlord to notify the tenant in writing and 'allow at least 7 days after such notice for remedy or correction'; if a substantially similar breach recurs within one year, the prior notice grounds summary possession without a new cure period. After notice expires unremedied, the landlord files a summary possession action in the Justice of the Peace Court, the tenant is served, and a hearing is held, typically within a few weeks, before any writ of possession issues.
A landlord cannot lawfully remove a tenant without first serving the proper 5-day (nonpayment) or 7-day (lease violation) notice and obtaining a Justice of the Peace Court judgment; self-help lockouts and utility shutoffs are prohibited.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's eviction notice & process rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.