Delaware Eviction Notice for Unpaid Rent

What Delaware law says

• The state Department of Justice summary says the notice requires payment within five days from the date it was given or sent (25 Del. C. 5501, 5502(a)).
• The Code says the time must be 'not less than 5 days after the date notice was given or sent'.
• The landlord must get a court order of possession before removing the tenant.
• Valid delivery is personal service, registered or certified mail with return receipt, first-class mail with certificate of mailing, or posting plus a receipt or certificate; 'Email and texts are not valid' (25 Del. C. 5113).

Steps for a landlord

• Put the demand for payment and the deadline in writing.
• Allow at least 5 days from the date the notice is given or sent.
• Deliver by a method allowed under 25 Del. C. 5113, not by email or text.
• File for possession in court if unpaid; do not remove the tenant yourself.

What to put in the notice

• The names of the tenants and the address of the rental
• The amount of rent owed and the rental period it covers
• The number of days the tenant has to pay or move out, and the date that period ends
• The date, how the notice was delivered, and who delivered it
• Your name and contact details, with your signature

Things to watch

• The pages we read do not say how weekends or holidays are counted; check the statute or an attorney.
• The pages do not list required notice contents beyond the demand for payment.
• Cities and counties can add their own rules, including rent control and extra notice requirements. Check your local rules too.

About this page

We checked this page against the official sources listed below in November 2026. Where an official page did not say something, we say so. Laws change and courts read them differently, so confirm the current rule with the statute, the court or a local attorney before you act. This is general information, not legal advice.