Delaware eviction notice and late fee rules

Notice for unpaid rent

7 days — After the late-fee grace period, the landlord may demand past-due rent in writing and state that unless paid within a period of not less than 7 days after the notice, the landlord may file a court action to terminate the rental agreement.

Ending a month-to-month tenancy

A month-to-month agreement may be ended by either party with at least 60 days' written notice, the 60-day period beginning on the first day of the month after actual notice.

Late-fee limit

Where the rental agreement provides for a late charge, it may not exceed 5 percent of the monthly rent.

Grace period before a late fee

A late charge may not be imposed within 5 days of the agreed time for payment of rent.

Notice for unpaid rent

After the late-fee grace period, the landlord may demand past-due rent in writing and state that unless paid within a period of not less than 7 days after the notice, the landlord may file a court action to terminate the rental agreement.

“A landlord or the landlord’s agent may, any time after the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment for the past due rent and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 7 days after the date notice was given or sent, the landlord may file a court action to terminate the rental agreement.”
Del. Code tit. 25, § 5502(a)

Paying to stop an eviction

If all rent due is paid before the landlord files an action, the landlord may not then file a summary possession action based on that nonpayment, and may not refuse rental payments by or on behalf of the tenant.

“If a tenant, or another person or entity on behalf of a tenant, pays all rent due before the landlord has initiated an action against the tenant, the landlord may not then initiate an action for summary possession that is based on such failure to pay rent. The landlord may not refuse to accept rental payments by or on behalf of a tenant.”
Del. Code tit. 25, § 5502(c)

If all rent due under the lease is paid after the landlord has filed for nonpayment, the landlord may not maintain that action based on the past-due rent.

“If a tenant, or another person or entity on behalf of a tenant, pays all rent due under the terms of the lease after the landlord has initiated an action for nonpayment or late payment of rent against the tenant, then the landlord may not maintain that action based upon such failure to pay past due rent.”
Del. Code tit. 25, § 5502(d)

In a nonpayment summary possession case, the tenant may redeem by tendering all past-due amounts determined by the court, including rent due under the lease plus court-awarded costs and fees, at any time before actual execution of the eviction order.

“the tenant has the right to redemption of the rental unit or lot by tendering all past due amounts as determined by the court, including all rent due under the terms of the lease, plus all court-awarded costs and fees, to the landlord or the landlord’s agent. (1) A tenant’s right of redemption applies at any time before the actual execution of the eviction order.”
Del. Code tit. 25, § 5716A(b)

The redemption right does not apply to a tenant who had 2 judgments of possession for nonpayment in the 18 months before the action.

“This subsection does not apply to any tenant against whom 2 judgments of possession have been entered for failure to pay rent in the 18 months before the initiation of the action to which this subsection would otherwise apply.”
Del. Code tit. 25, § 5716A(b)(6)

Notice for other lease violations

For breach of a material rule or covenant, the landlord must notify the tenant in writing and allow at least 7 days after the notice to remedy or correct the breach; this does not apply to late rent.

“If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.”
Del. Code tit. 25, § 5513(a)

Ending a month-to-month or other periodic tenancy

A month-to-month agreement may be ended by either party with at least 60 days' written notice, the 60-day period beginning on the first day of the month after actual notice.

“Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.”
Del. Code tit. 25, § 5106(d)

Subject to § 5512, a landlord may terminate a rental agreement other than month-to-month by giving at least 60 days' written notice before the term expires.

“Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement.”
Del. Code tit. 25, § 5106(c)

Lockouts and utility shutoffs

If the landlord removes or excludes the tenant without a valid court order, the tenant may recover possession or terminate the agreement, and recover treble damages or 3 times the per diem rent for the period excluded, whichever is greater, plus costs excluding attorneys' fees.

“If removed from the premises or excluded therefrom by the landlord or the landlord’s agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental agreement. The tenant may also recover treble the damages sustained or an amount equal to 3 times the per diem rent for the period of time the tenant was excluded from the unit, whichever is greater, and the costs of the suit excluding attorneys’ fees.”
Del. Code tit. 25, § 5313

Retaliation

Retaliatory acts are prohibited, including pursuing summary possession, demanding a rent increase, or decreasing services after protected tenant actions listed in the statute.

“(a) Retaliatory acts are prohibited. (b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent from the tenant; or decrease services to which the tenant is entitled after:”
Del. Code tit. 25, § 5516(a)-(b)

Landlord action within 90 days of a protected complaint or act is presumed retaliatory.

“If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.”
Del. Code tit. 25, § 5516(c)

A tenant subjected to retaliatory dispossession may recover 3 months' rent or treble damages, whichever is greater, plus costs excluding attorneys' fees.

“shall be entitled to recover 3 months’ rent or treble the damages sustained by tenant, whichever is greater, together with the cost of the suit but excluding attorneys’ fees.”
Del. Code tit. 25, § 5516(e)

What the notice must say and how it is delivered

Instead of personal service or leaving a copy, a notice may be sent by registered or certified mail, or by first-class mail evidenced by a certificate of mailing, addressed to the tenant at the leased premises.

“In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises,”
Del. Code tit. 25, § 5113(a)-(b)

Court deadlines and the eviction case

In a summary possession case, the defendant may answer orally or in writing at the time the petition is heard.

“At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing.”
Del. Code tit. 25, § 5709

Late fees and grace periods

Where the rental agreement provides for a late charge, it may not exceed 5 percent of the monthly rent.

“Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent.”
Del. Code tit. 25, § 5501(d)

A late charge may not be imposed within 5 days of the agreed time for payment of rent.

“The late charge shall not be imposed within 5 days of the agreed time for payment of rent.”
Del. Code tit. 25, § 5501(d)

If the landlord does not maintain an office or permanent place for payment in the county where the unit is located, the due date is extended by 3 days.

“Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date.”
Del. Code tit. 25, § 5501(d)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Delaware rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Delaware have to give for unpaid rent?

After the late-fee grace period, the landlord may demand past-due rent in writing and state that unless paid within a period of not less than 7 days after the notice, the landlord may file a court action to terminate the rental agreement. (Del. Code tit. 25, § 5502(a)).

How much notice is needed to end a month-to-month tenancy in Delaware?

A month-to-month agreement may be ended by either party with at least 60 days' written notice, the 60-day period beginning on the first day of the month after actual notice. (Del. Code tit. 25, § 5106(d)).

Is there a limit on rent late fees in Delaware?

Where the rental agreement provides for a late charge, it may not exceed 5 percent of the monthly rent. (Del. Code tit. 25, § 5501(d)).