How many days notice does a landlord need to give for non-payment of rent in Delaware?

In Delaware, a landlord must give 5 days notice to pay or quit before filing for eviction due to non-payment of rent. This is governed by Delaware Residential Landlord-Tenant Code (25 Del. C. §§ 5101–5907).

What is the no-cause notice period for landlords in Delaware?

In Delaware, landlords must provide 60 days notice to terminate a month-to-month tenancy without cause.

What are the valid grounds for eviction in Delaware?

Delaware recognizes the following grounds for eviction: Non-payment of rent; Lease violation; Holdover; Illegal use; Damage to property.

Is there rent control in Delaware?

Delaware does not have statewide rent control. No rent control in Delaware.

Delaware Landlord-Tenant Law

Tribunal: Justice of the Peace Court

5 Days — Pay or Quit

60 Days — No-Cause Notice

7 Days — Cure or Quit

Notice Periods

Situation	Notice Required
Non-payment of rent	5 days to pay or quit
Month-to-month termination (no cause)	60 days
Lease violation (cure or quit)	7 days

Security Deposit

Maximum 1 month's rent for leases longer than 1 year (25 Del. C. § 5514).

Grounds for Eviction

Non-payment of rent
Lease violation
Holdover
Illegal use
Damage to property

Rent Control

No Statewide Rent Control

No rent control in Delaware.

Electronic Signatures

U.S. ESIGN Act (15 U.S.C. §7001) + state UETA adoption

Electronic signatures on leases and notices are valid in Delaware. Generate and e-sign a form →

Governing Statute

Delaware Residential Landlord-Tenant Code (25 Del. C. §§ 5101–5907)

Read the full statute →

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.