Delaware Statewide Rule

Delaware Statewide Eviction Grounds and Procedures

Some RestrictionsApplies statewide across Delaware (2026)

Key Facts

Statute: 25 Del. C. Ch. 51-59
Nonpayment notice: 5 days
Lease breach notice: 7 days
Month-to-month termination: 60 days
Court: Justice of the Peace

Last verified: August 20, 2026Source: Delaware Code

Summary

Delaware's Landlord-Tenant Code applies uniformly to most residential rentals statewide, specifying permitted grounds for eviction, required notice periods, and court procedures. Local governments cannot reduce or expand these statewide tenant protections in most contexts.

(a) A landlord may terminate a rental agreement with a tenant immediately upon written notice if the tenant does not comply with the terms of the rental agreement or the requirements of this subchapter and the noncompliance is the result of any of the following:

Source: Delaware CodeView official code

Full Breakdown

Title 25, Chapters 51-59 of the Delaware Code (the Residential Landlord-Tenant Code) governs evictions throughout Delaware. Landlords must have specific grounds: nonpayment of rent (5-day notice under § 5502), material breach of lease (7-day cure notice under § 5513), or expiration of term. For month-to-month tenancies, either party must provide 60 days' written notice (§ 5106). Evictions require filing summary possession in Justice of the Peace Court; self-help eviction is prohibited under § 5313. Retaliatory eviction is barred under § 5516. The Code preempts inconsistent local rules for covered residential rentals.

Violations & Penalties

Wrongful eviction may result in tenant recovery of up to three months' rent plus attorney fees and damages under 25 Del. C. § 5313 and related provisions.

Frequently Asked Questions

Can a Delaware landlord evict without cause?

Only at the end of a fixed-term lease or by giving 60 days' notice on a month-to-month tenancy. Mid-lease evictions require statutory grounds such as nonpayment or breach.

Can Delaware cities pass their own just-cause eviction laws?

Delaware's Landlord-Tenant Code largely preempts inconsistent local eviction rules. Municipalities cannot weaken statewide tenant protections, though Wilmington has limited additional rules within state law boundaries.

Sources

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