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Delaware Eviction Notice
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Delaware at a glance: 5-Day Pay or Quit: Required for nonpayment of rent · Court Process: Summary possession action · Month-to-Month Notice: 60 days to terminate
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Overview
Eviction Notices in Delaware
Delaware's eviction process is governed by the Delaware Landlord-Tenant Code. For nonpayment of rent, landlords must serve a 5-day notice before filing for summary possession.
Delaware requires strict compliance with notice and filing procedures. Self-help evictions are illegal, and a landlord must obtain a court judgment before removing a tenant.
Key Facts
Delaware Eviction Notice — Quick Reference
| Requirement | Delaware Rule |
|---|---|
| 5-Day Pay or Quit | Required for nonpayment of rent |
| Court Process | Summary possession action |
| Month-to-Month Notice | 60 days to terminate |
| Governing Law | Del. Code tit. 25, § 5502 |
| Notice Delivery | Personal service or posting + mailing |
Legal Requirements
Delaware Legal Requirements
- 5-day written notice required before filing for nonpayment of rent.
- Notice must state the amount owed and the deadline to pay.
- Notice must be delivered personally or posted and mailed if personal service fails.
- Self-help evictions are prohibited without a court order.
Governing Laws
Delaware Governing Laws
Del. Code tit. 25, § 5502
Rent Default
Requires a 5-day written notice before a landlord may pursue summary possession for nonpayment of rent in Delaware.
Del. Code tit. 25, § 5313
Prohibited Practices
Prohibits self-help evictions including lockouts, seizure of property, and utility shutoffs.
Read the full text of these laws at Cornell Law School's Delaware legal resources or your state legislature's official website.
Questions & Answers
Delaware Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in Delaware?
Delaware requires a 5-day written notice before a landlord may file for summary possession due to nonpayment of rent.
What is Delaware's eviction process called?
Delaware calls its eviction process a summary possession action, filed in Justice of the Peace Court.
Can a Delaware landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in Delaware. A landlord must obtain a court judgment before removing a tenant or their property.