Delaware Eviction Laws
Delaware rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. 25 Del. C. § 5502(a), (c)
The rules in Delaware
| Notice for unpaid rent | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. Changed from 5 to 7 days by 85 Del. Laws c. 436 (SS 1 for SB 116, signed Aug. 18, 2026, effective Sept. 1, 2026), which also created the right of redemption (§ 5716A). The Delaware DOJ tenant summary (Oct. 2024, posted Apr. 2026) still says 5 days; the Code controls for notices given on or after Sept. 1, 2026. Re-verified 2026-10-27. Source: 25 Del. C. § 5502(a), (c) |
|---|---|
| Notice for lease violations | Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. Re-verified 2026-10-27. Source: 25 Del. C. § 5513 |
| Lockouts & utility shutoffs | Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5313, 5312(e) |
How an eviction case works in Delaware
Eviction cases are heard in: Justice of the Peace Court (county where the premises are located).
- Notice: 7-day written demand for past-due rent (§ 5502), 7-day cure notice for lease violations (§ 5513), or 60-day notice for end of tenancy (§ 5106)
- Landlord files summary possession complaint; notice and complaint served 5 to 30 days before the hearing
- Mandatory mediation scheduled before trial (trial cannot start until landlord mediates unless tenant fails to engage within 15 days of service)
- Hearing: tenant may answer orally or in writing at the hearing; jury trial may be demanded within 10 days of service
- Judgment; either party may appeal within 5 days to a 3-judge JP panel (trial de novo); motion to vacate default within 10 days
- Writ of possession issues only after the appeal/vacate period; constable gives at least 24 hours' notice and executes between sunrise and sunset; tenant property may be stored 7 days then deemed abandoned
Landlords: how to evict a tenant in Delaware — steps, costs, timeline and forms.
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Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
Delaware vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| Delaware | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c) | Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. 25 Del. C. § 5513 | Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. 25 Del. C. §§ 5313, 5312(e) |
| Maryland | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) | 30 days' written notice that the tenant is in violation of the lease and that the landlord wants to repossess; 14 days' written notice if the breach involves behavior showing a clear and imminent danger of serious harm. The court may evict only if it finds the breach was substantial and warrants eviction. Md. Code, Real Prop. § 8-402.1(a)(1), (b)(1) | Prohibited. A landlord may not take or threaten to take possession by locking out the tenant, willfully cutting heat, running water, hot water, electricity, or gas to force the tenant out, or by any other action. Possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment/surrender. Remedy: actual damages plus reasonable attorney's fees and costs; other remedies also available. Md. Code, Real Prop. § 8-216 |
| New Jersey | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3 | Disorderly conduct: a written notice to cease, then a 3-day notice to quit. Willful or grossly negligent damage to the premises: a 3-day notice to quit. Continued substantial violation of reasonable rules or lease covenants, or habitual late payment of rent: a written notice to cease, then a one-month notice to quit. Drug, assault, theft, or human-trafficking grounds: a 3-day notice. Notices must state the cause in detail and be served personally, at the residence on a family member over 14, or by certified mail (regular mail if the certified letter is not claimed). N.J.S.A. 2A:18-61.1(b)-(e), (j), (n)-(r); 2A:18-61.2(a)-(b) | Self-help eviction is illegal. A residence may be entered or retaken without the occupant's consent only through legal eviction process, and only a court officer may execute a warrant for possession. It is a disorderly persons offense, after a warning from police or another official, to take possession without a lawful warrant, including by changing or padlocking locks, removing belongings, or shutting off heat, electricity, water, or other vital services. A second offense within 5 years is a fourth-degree crime. A displaced tenant may re-enter with a police officer present. In a civil action, the tenant can recover possession, all damages, court costs, and reasonable attorney's fees, or treble damages if return to possession is not appropriate. N.J.S.A. 2A:39-1, 2A:39-2, 2A:39-8; 2C:33-11.1; 2A:42-10.16 |
| Pennsylvania | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) | Lease of 1 year or less or indeterminate term: 15 days' notice to quit. Lease of more than 1 year: 30 days. Illegal-drug grounds under § 505-A: 10 days. Act §§ 501(b), 501(d), 505-A (68 P.S. §§ 250.501, 250.505-A) | Self-help eviction is prohibited: a landlord may not change locks or shut off utilities to evict; the landlord must use the court process. PA AG Consumer Guide (Part V.C); Landlord and Tenant Act Art. V |
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- Free legal help in Delaware
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Delaware Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in Delaware?
After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. (25 Del. C. § 5502(a), (c))
How much notice is required to evict for a lease violation in Delaware?
Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. (25 Del. C. § 5513)
Can a landlord change the locks or shut off utilities in Delaware?
Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. (25 Del. C. §§ 5313, 5312(e))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.