Delaware Eviction Notice Requirements

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.