Delaware Eviction Notice Forms

Delaware Eviction Laws

Eviction in Delaware runs through the courts. Landlords who want to remove a tenant must give proper written notice and then file a complaint for possession with the Justice of the Peace Court.^[2.4] Self-help evictions, such as changing the locks or shutting off utilities before a court order, are not allowed.

Delaware law sets out what a landlord must do to remove a tenant lawfully:

• Give the tenant proper written notice before going to court.^[1]
• File a complaint for possession with the Justice of the Peace Court.^[2.4]
• Never change the locks, shut off utilities, or remove belongings before a court order.
• The locks must be changed once back in full possession, if the unit will be leased out again.^[2.10]

For nonpayment of rent, Delaware law requires the landlord to give the tenant at least a 7-day written notice before filing in court.^[1] The notice must state the past-due amount owed under the lease and the deadline to pay it. Landlords who accept full payment of the overdue rent before filing in court will often not proceed with the eviction, and proper service of this notice is what starts the clock on that deadline.

Delaware Eviction Notice Laws Details

Eviction Notice Types Used in Delaware

Delaware landlords choose a notice type based on the reason for the eviction. Nonpayment of rent uses a notice with a set deadline to pay. Other lease violations are commonly addressed with a notice giving the tenant a chance to fix the problem, and serious or repeat violations may get a notice with no chance to cure.

• Pay or Quit Notice: Used for unpaid rent, this notice must give the tenant at least a 7-day window to pay the amount owed before the landlord can file in court.^[1]
• Cure or Quit Notice: Many landlords use this type of notice for lease violations other than nonpayment, such as an unauthorized pet or a noise complaint, giving the tenant a chance to fix the problem before the landlord files in court.
• Unconditional Quit Notice: In practice, landlords often use this notice for serious or repeat violations, such as illegal activity on the property, where the tenant is not given a chance to fix the problem before the landlord files in court.

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How Much Notice Must a Landlord Give in Delaware?

Once a Delaware landlord files an eviction case in court, the notice of hearing and the complaint must be served on the tenant at least 5 days and not more than 30 days before the hearing date, under Del. Code Ann. tit. 25, § 5705.^[2.6] This court notice, and its service on the tenant, is separate from the written notice a landlord gives before filing, such as the 7-day notice state law requires for unpaid rent.^[1]

Use FormsPal's deadline calculator to count the exact days for a notice period.

Eviction Process in Delaware

Once a landlord has given proper notice and the tenant has not paid, cured the problem, or moved out, the landlord can start a court case for possession. The Del. Code Ann. tit. 25 sets specific deadlines and steps for that case, from filing through the final writ of possession.^[2.4] Follow these steps to move through the Delaware eviction process in order.

1. File a complaint. The landlord files a complaint for possession with the Justice of the Peace Court.^[2.4] When filing, the landlord must also give the court documentation showing the property complies with Delaware's lead-based paint law.^[2.5]
2. Serve notice of the hearing. The notice of hearing and the complaint, along with proof of service, must be served on the tenant at least 5 days and not more than 30 days before the hearing, and filed with the court no later than 5 days after service.^[2.6]
3. Mediation, where required. In cases that require it, the trial cannot start until the landlord has taken part in mediation, unless the tenant fails to take part within 15 days of being served.^[2.3] Mediation must be scheduled and finished at least 48 hours before the trial date.^[2.3]
4. Jury demand. Either party may demand a trial by jury within 10 days after being served.^[2.9]
5. Trial and adjournment. The court can postpone the trial, but not more than 10 days unless every party agrees to a longer delay.^[2.7]
6. Judgment and appeal. A party unhappy with the judgment can request a new trial, called a trial de novo, in writing within 5 days.^[2.12] The court will not issue the writ of possession during this 5-day window,^[2.12] and if a trial de novo is requested, the panel of justices must reach a final judgment within 15 days of the request.^[2.12]
7. Default judgment. A party may ask the court to vacate a default judgment or a nonsuit within 10 days after it is entered.^[2.8]
8. Paying to stop the eviction. In a nonpayment case where the missed payment came from a good-faith dispute, the tenant can stop the eviction by paying the rent and costs due, or promising in writing to pay them, within 10 days of the final judgment.^[2.11]
9. Writ of possession. If the tenant still does not leave, the officer delivering the writ of possession must give at least 24 hours' notice and can only carry it out between sunrise and sunset.^[2.10]
10. Property left behind. If the tenant does not remove personal property when the writ is executed, the landlord may store it for a 7-day period at the tenant's expense, or a 30-day period if it is a manufactured home covered by the manufactured housing law.^[2.10] Once back in full possession, the locks must be changed if the unit will be leased out again.^[2.10]

Other Eviction Rules and Deadlines in Delaware

A few rules in the Del. Code Ann. tit. 25 apply only in specific situations, such as when an employee lives in the rental unit, when the sole tenant has died, or after the court case ends. Each of these situations carries its own deadline.

• Employee tenants: If a tenant-employee's job ends for cause, holding over more than 15 days after the dismissal is grounds for an eviction action. If the job ends without cause, the period is more than 30 days.^[2.2]
• After a foreclosure sale: Once a foreclosed property has been sold and the title has been perfected, a tenant holding over for more than 5 days is grounds for an eviction action.^[2.2]
• Security deposit after a tenant's death: If the sole tenant dies, the landlord must return any part of the security deposit that is owed to a representative of the estate within 20 days of regaining possession of the unit, or within a 20-day window after the storage of the tenant's property ends.^[2.13] The landlord may store the deceased tenant's remaining property for a 7-day period at the estate's expense,^[2.13] and the estate's representative has up to 1 year from that date to make a written claim for the deposit.^[2.13]
• After the case ends: A related lawsuit arising from the eviction case, called a plenary action, must be filed no later than 6 months after the final judgment in the eviction case.^[2.1] FormsPal's statute of limitations lookup covers other Delaware filing deadlines.
• When to get help: Many landlords and tenants consult an attorney once a case reaches one of these special situations, since the paperwork and deadlines vary by circumstance. Questions about the return of a security deposit outside these special situations are handled separately from the eviction case itself.
• Shielding the case record: Delaware courts do not charge a filing fee for a tenant's motion to shield the record of an eviction case,^[2.14] and once the court grants that motion, it must complete the required steps within a 45-day window.^[2.14]

Other Delaware Forms
Use our document builder to customize any template on FormsPal to your preferences. Here is a number of some other widely-used Delaware forms we provide.

Delaware Living Will Delaware Last Will Delaware Bill of Sale Delaware Power of Attorney Delaware Non-compete Agreement Delaware Prenuptial Agreement Delaware LLC Operating Agreement

This Delaware eviction notice pdf guide follows the Del. Code Ann. tit. 25 sections that set the deadlines Delaware landlords and tenants need most.

General information, not legal or tax advice.

Sources

1. Del. Code Ann. tit. 25, § 5502(a). Accessed September 25, 2026.
2. 25 Del. C. §§ 5701B to 5720. Accessed September 25, 2026.
   • 2.1 § 5701B
   • 2.2 § 5702
   • 2.3 § 5702A
   • 2.4 § 5704
   • 2.5 § 5704A
   • 2.6 § 5705
   • 2.7 § 5710
   • 2.8 § 5712
   • 2.9 § 5713
   • 2.10 § 5715
   • 2.11 § 5716
   • 2.12 § 5717
   • 2.13 § 5719
   • 2.14 § 5720