Understanding Eviction Notices in Delaware
Before filing for eviction in Delaware, landlords must serve tenants with a written notice that follows the state’s landlord-tenant laws. The notice must clearly state the reason for eviction and give tenants time to pay overdue rent, fix a lease violation, or move out.
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Types of Eviction Notices in Delaware
Delaware law outlines different types of eviction notices depending on the issue, such as non-payment, lease violations, or lease termination. Each has its own required timeframe and legal basis.
5-Day Notice to Pay Rent or Quit
Landlords must serve a 5-day notice to pay rent or quit before beginning eviction for non-payment. This gives the tenant 5 days to pay the overdue rent or vacate, as required under Delaware Code Title 25, Section 5502. Delaware also provides a 5-day grace period before late fees can be charged, and fees cannot exceed 5% of the rent amount (DE Code tit. 25 § 5501).
5-Day Notice to Pay Rent or Quit
Use a 5-day notice to begin evicting tenants if they have not or are late paying rent.
7-Day Notice to Quit for Non-Compliance
If a tenant violates the lease, such as damaging property or breaking occupancy rules, landlords must issue a 7-day notice to quit under DE Code tit. 25 § 5513. This gives the tenant 7 days to fix the issue or move out.
7-Day Notice to Quit for Non-Compliance
Give tenants the option to fix (or “cure”) the problem within 7 days before eviction can proceed in court.
60-Day Notice to Terminate Month-to-Month Tenancy
To end a month-to-month rental agreement, landlords must provide a 60-day written notice under DE Code tit. 25 § 5106. This type of lease termination does not require a tenant violation — just proper advance notice.
60-Day Lease Termination
Informs tenants to move out if they’re on a month-to-month rental agreement.
How to Evict a Tenant in Delaware
Eviction cases in Delaware are governed by DE Code tit. 25, ch. 57. The legal process is called a “summary possession” action and must be filed in Justice of the Peace Court. To evict a tenant in Delaware, follow these steps:
Step 1: Provide Written Notice
The landlord must provide the tenant with written notice of their intent to terminate the lease via first-class mail, registered mail, certified mail, personal service (to the tenant or family member), or messenger (delivered to the tenant or family member). The notice must include the reason for eviction and the time period to fix the violation and be written according to state law.
Step 2: File a Summary Possession Action
After serving the notice, you must file a complaint form with the Justice of the Peace Court in the property’s jurisdiction. The complaint form is the reason the eviction is taking place. This is the court process to evict a tenant legally.
Remember that a tenant can request a jury trial to hear the eviction case. The landlord must win this lawsuit to proceed with eviction and regain the property (take note of the filing fees charged by the court).
Step 3: Take Possession of the Rental Property
If the landlord wins the eviction lawsuit, the Justice of the Peace Court will give the tenant a date to vacate the property. If the tenant doesn’t leave by the date noted on the court order, law enforcement will forcibly remove them pursuant to a writ of possession. Landlords themselves cannot force tenants to vacate.
Step 4: Disposal of Personal Property
During evictions, tenants may leave behind personal possessions. The landlord is legally required to store the tenant’s personal possessions for 7 days to allow the tenant time to retrieve their belongings. After that time frame, the tenant’s possessions will be considered abandoned.
Related Delaware Court Forms
The summary possession action informational packet offers additional information on the eviction process. Additionally, the official Delaware Courts website provides access to many important landlord/tenant court forms, including the following eviction-related forms:
- Complaint: The landlord submits this form to the court to officially begin eviction.
- Summons: This form is filed alongside the complaint. It informs the tenant of the date of the official court hearing.
- Writ of Possession: Filed after a court judgment to forcibly remove the tenant if the tenant does not vacate the property on their own (including a default judgment for the landlord if the tenant fails to appear in court). Instructs the sheriff or law enforcement that they can forcibly remove the tenant from the property 24 hours after the tenant receives the writ.
