Delaware Eviction Notice Templates

A Delaware eviction notice informs a tenant of a lease violation and how long they have to fix it. The notice must clearly explain the issue and reference the applicable notice period. The landlord may terminate the lease and seek eviction if the tenant does not comply.

Create Document

Last updated January 26th, 2026

A Delaware eviction notice informs a tenant of a lease violation and how long they have to fix it. The notice must clearly explain the issue and reference the applicable notice period. The landlord may terminate the lease and seek eviction if the tenant does not comply.

27 Downloads
  1. Home »
  2. Eviction »
  3. Delaware

By Type

Pay or Quit – Used when rent is overdue, and payment is required to avoid eviction. The notice explains what’s owed and what happens if it isn’t paid.

Cure or Quit – Sent when a lease rule is broken. It gives the tenant a chance to fix the issue before further action is taken.

Termination of Month-to-Month Tenancy (30-Day Notice) – Informs the tenant that the rental will not continue beyond the notice period. No lease violation is required.

Notice to Quit for Illegal Activity – Issued when unlawful conduct occurs at the property. These notices usually move quickly toward eviction.

Eviction Laws

  • Rent Grace Period: No grace period for rent itself, but landlords must wait 5 days before charging late fees.[1]
  • Non-Payment of Rent: 5 days.[2]
  • Non-Compliance: 7 days.[3]
  • Irreparable Harm: Immediate notice permitted.[4]
  • Termination (Month-to-Month Lease): 60 days.[5]
  • Eviction Lawsuit Type: Tenant Obligations and Landlord Remedies (Summary Possession).[6]

 

Prohibited Landlord Actions in Delaware

  • Utility Shutoff – A landlord may not terminate or interrupt a tenant’s utility services due to nonpayment of rent, unpaid utility charges, or another lease violation. Doing so is unlawful.[7]
  • Changing the Locks – Delaware law prohibits landlords from “involuntarily dispossessing” a tenant as retaliation. Lockouts or similar actions can expose the landlord to damages equal to three months’ rent.[8]

 

How to Evict a Tenant in Delaware (Step-by-Step)

Step 1: Identify the Violation and Serve Notice

The landlord must choose the correct notice based on the violation:

  • 5-Day Notice to Quit (Non-Payment of Rent)
  • 7-Day Notice to Quit (Non-Compliance)
  • Immediate Notice (Irreparable Harm)
  • 60-Day Notice to Quit (Month-to-Month Tenancy)

Certain tenants may also be entitled to notice of their right to legal representation, depending on the landlord’s size and the tenant’s income level.

Step 2: File a Complaint with the Court

If the tenant does not comply within the notice period, the landlord may file a Complaint for Summary Possession with the Justice of the Peace Court nearest the property. The filing fee is $45, and a copy of the notice must be included.[9]

Delaware also offers an interactive form-filler to assist landlords with preparing the complaint.

Step 3: Serve the Tenant

After filing, the court will arrange service of the summons and complaint on the tenant and schedule a trial date.

Step 4: Court Judgment and Writ of Possession

If the landlord prevails and the tenant still does not move out, the landlord may request a Writ of Possession. The writ authorizes a constable to remove the tenant from the unit after the required waiting period.

 

Court Forms & Resources

Evictions are handled through the Justice of the Peace Court closest to the rental property. Common forms include:

  • Summons – Served with the complaint to notify the tenant of the lawsuit and court date.
  • Complaint – Filed by the landlord to begin a summary possession case and explain the reason for eviction.
  • Answer – Optional for tenants, but failure to appear in court can result in a default judgment.
  • Writ of Possession – Issued after judgment, ordering a constable to remove the tenant if they do not vacate voluntarily. A writ may be requested 10 days after judgment.

Sources

  1. 25 Del. C. § 5501(d)
  2. 25 Del. C. § 5502(a)
  3. 25 Del. C. § 5513(a)
  4. 25 Del. C. § 5513(b)
  5. 25 Del. C. § 5106(c)
  6. Title 25, Chapter 55
  7. 25 Del. C. § 5312(e)
  8. 25 Del. C. § 5516(e)
  9. Delaware Courts: Justice of the Peace Court Civil Fees