Delaware eviction notice (pay or quit)
Delaware requires 5 days for a nonpayment notice — 25 Del. C. § 5502. statutory 5-day grace period after rent due date also applies (25 Del. C. § 5501(d)). Generate it correctly below.
Delaware nonpayment notice rules
| Notice period | 5 days |
|---|---|
| Statute | 25 Del. C. § 5502 |
| Special rules | statutory 5-day grace period after rent due date also applies (25 Del. C. § 5501(d)) |
Other states: choose any state →
Every Delaware rule we encode, with its citation
5 days puts Delaware inside a national range that runs from 3 to 30 days. 20 jurisdictions require more notice and 17 require less. Same period as Arizona, Hawaii, Illinois, Louisiana, Oklahoma, Rhode Island and 3 others.
| Document | Requirement | Statute |
|---|---|---|
| Eviction (nonpayment) | 5 days | 25 Del. C. § 5502 |
| Rent increase | 60 days | 25 Del. C. § 5107(a) |
| Month-to-month termination | 60 days | 25 Del. C. § 5106(d) |
| Power of attorney | Notary required + 1 witness(es) | 12 Del. C. § 49A-105; form § 49A-301 |
| Will | 2 witnesses · self-proving affidavit available | 12 Del. C. § 202 |
Each value is compiled from the cited statute and printed on the document you generate, so you or your attorney can verify it against the source.
Related forms and nearby states
Other Delaware documents
- Rent increase notice for Delaware — 60 days notice
- Power of attorney (durable) for Delaware — notary required + 1 witness(es)
Bordering states
Rules change at the state line — if you own property in more than one, check each.
- Maryland — 10 days notice
- New Jersey — no fixed statutory period (see note) notice
- Pennsylvania — 10 days notice
Frequently asked questions
How many days notice for nonpayment in Delaware?
5 days, per 25 Del. C. § 5502. statutory 5-day grace period after rent due date also applies (25 Del. C. § 5501(d)).
What happens after the notice period expires?
If the tenant hasn't paid or vacated, you may file the eviction case in court. Keep the served notice and proof of service — the court will require them.
Can the tenant stop the eviction by paying?
Payment in full within the notice period cures a pay-or-quit notice in nearly every state; accepting partial payment after the period may reset the process in some states.