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The Delaware eviction notice is a document the landlord uses to inform the tenant of their intention to terminate the lease, the reasons for termination, and the deadline by which they must vacate the property.
In Delaware, to legally remove the tenant from the property, the landlord must use the eviction notice.
If the tenant doesn’t act upon the request in the eviction notice, the landlord can then initiate the eviction procedure before the court.
Types of Eviction Notices in Delaware
The type of eviction notice the landlord should use primarily depends on the lease duration and the reasons for the eviction.
Notice to Pay Rent or Quit
If the tenant fails to pay the rent before the due date, the landlord must issue the eviction notice and give the tenant an additional 5 business days to pay the rent before taking further action.
Notice for the Non-Compliance
The landlord can use this form of eviction notice when the tenant violates the rental agreement. The landlord then gives them an additional 7 days to fix the breach or leave the property.
Notice for Irreparable Breach
Suppose the tenant has caused irreparable harm to the property or another resident or has been convicted of a class A misdemeanor or felony. In that case, the landlord can issue a notice to the tenant to immediately vacate the property.
Month-to-Month Tenancy Eviction Notice
When the landlord wants to end the month-to-month tenancy, they must issue the eviction notice to the tenant 60 days in advance. This deadline is calculated from the first day of the month following the day when the notice was issued.
Eviction Laws and Requirements in Delaware
Laws & Requirements
Rent grace period. Not provided. Only 5 days delay for the late fees. (§ 5501(d))
Non-payment of rent. 5 days. (§ 5502)
Non-compliance with lease rules. 7 days. (§ 5513)
Irreparable harm. Immediate. (§ 5513(b))
Termination of the month-to-month lease. 60 days. (§ 5106)
Eviction process and lawsuit. Tenant obligations and landlord remedies. Title 25, Chapter 55
When is Rent Late in Delaware?
Unless the parties provide something else in their lease agreement, the rent is considered due at the beginning of each rental period, and as soon as the due date is over, the rent is considered to be late. Therefore, as soon as the rent is late, the landlord can issue an eviction notice to the tenant.
If the due date falls on the weekend or a legal holiday, it is moved to the next business day.
Grounds for Eviction in Delaware
The landlord can evict the tenant for the following reasons:
Grounds for Eviction
If the tenant is late with the rent payment
To end the month-to-month lease
Minor violation of the lease agreement
If the tenant conducts illegal activities at the leased property
In case the tenant stays at the leased property after the lease term is over (tenancy at will)
Eviction Process in Delaware
The eviction process in Delaware starts after the landlord issues the eviction notice to the tenant. The duration of this process mostly depends on the reasons for the eviction and the activities of the tenant to fight the eviction.
#1. Write a Notice
The landlord must determine what type of eviction notice is most appropriate based on the type of lease and the reasons for eviction. The landlord then delivers the notice to the tenant in person or via certified mail. It’s important for further procedures that the landlord has proof that the tenant received the notice.
#2. File the Complaint
If the tenant doesn’t comply with the request in the eviction notice, the landlord can file a complaint with the local Delaware court. When filing the complaint, the landlord must attach a copy of the eviction notice they’ve previously sent to the tenant and pay the filing fee of $45.
#3. Serve the Tenant
The court will then serve the tenant with the landlord’s complaint and the summons for the court hearing. They are served to the tenant by a constable 5 to 30 days before the court hearing.
#4. Court Holds a Hearing and Issues a Judgment
If the tenant fails to appear for the hearing, the court will issue a default judgment in the landlord's favor. However, even then, the tenant can file a motion within 10 days from the day the judgment is issued to reopen the eviction case.
#5. Court Issues the Writ of Possession
If the court rules in favor of the landlord, they will issue a Writ of Possession 10 days after the judgment. This document enables the landlord to execute the eviction and hire the constable to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Delaware
Other Eviction-Related Forms
Complaint. The landlord uses this form to initiate the eviction lawsuit and present their claims and relevant facts.
Request for Forthwith Summons. Besides the complaint, the landlord also submits this document requesting the court to summon the tenant for the court hearing.
Answer to the Complaint. The tenant uses this form to respond to the landlord’s claims by admitting them or denying them and requesting a trial.
Request for Writ of Possession. After the judgment is made, the landlord can use this form to request the Writ of Possession. However, the landlord must wait 10 days after the judgment to obtain this document.
Eviction Information for Landlords in Delaware
The landlord cannot use any of the self-help measures to force the tenant out of the leased property, namely to:
Eviction Information for Landlords
Change the locks of the unit or other parts of the property.
Shut off the essential utilities such as electricity or water.
Remove the tenant’s belongings from the leased unit.
Remove the tenant from the leased property by force.
If the landlord commits any of the abovementioned violations, they can be required to pay an amount that equals up to three times the per diem rent for the time the tenant was outside the leased property or three times the damages, whichever is greater.
Eviction Information for Tenants in Delaware
The tenant can challenge the landlord’s claims in the eviction process in the following situations:
Eviction Information for Tenants
If the tenant has already paid the due rent
When the tenant already fixed the violations with the lease agreement
If the landlord used illegal methods to evict the tenant
In case the landlord started the eviction procedure as a discriminatory or retaliatory action against the tenant
How to Write an Eviction Notice in Delaware
Delaware Eviction Notice Checklist
Delaware Eviction Notice FAQ
You can file an eviction notice in one of the following cases:
If the tenant is late with the rent payment
If the tenant conducts certain illegal activity at the property
In case of the non-compliance with the lease agreement
After the lease term is over
To legally remove the tenant from the leased unit, you must initiate the eviction process by issuing an eviction notice. If you fail to do so as a landlord and take any of the actions that are not in line with the Residential Landlord-Tenant Code of Delaware, you will be held liable for the illegal eviction and must pay the tenant's damages.
In Delaware, the eviction process can last anywhere from 1 to 3 months, depending on the reasons for eviction. This process can last even longer if the tenant decides to enter into a dispute and contest the eviction.
Unless the tenant has caused irreparable damage, where the landlord can issue a notice to the tenant to immediately vacate the property, the 3-day notice cannot be issued in Delaware. The shortest notice the landlord can give the tenant is 5 days’ notice when the tenant fails to pay the rent.