Delaware notice periods
A Delaware landlord must give 60 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 60 days’ notice. For nonpayment, the landlord must serve a 7-day notice to pay or quit before filing for eviction.
The Delaware rules in detail
60 days' written notice by either party; the 60-day period begins on the first day of the month following actual notice (§ 5106(d), as amended by 83 Del. Laws c. 203). For fixed-term leases, 60 days' notice before expiration (§ 5106(c)).
60 days' written notice before the end of the term of any renewal with modified terms, including a rent or deposit increase; the tenant may reject by giving 45 days' notice of termination (§ 5107).
7 days. The tenant may cure by paying everything owed within the period; after that the landlord may file for eviction.
Serving the notice
- Notice must be in writing. Text messages and emails count only where the lease or statute allows electronic notice.
- The clock starts when the notice is delivered, not when it is written. Mailed notices usually add days; check the statute’s service rules.
- Termination notices generally take effect at the end of a rental period. Served mid-month, a 30-day notice ends the tenancy at the end of the next full month.
- A fixed-term lease ends on its own date; these periods apply to month-to-month tenancies and to tenancies that continued after a lease expired.
Source: Del. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a).
Related Delaware rules
- Late fees: A late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed due date. If the landlord does not maintain an office or other permanent place in the county where rent may be paid, the due date is extended by 3 more days. Late charges are treated as additional rent. Late fee calculator.
- Security deposit: 1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units; returned 20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance). Deposit rules.
- All rules on one page: Delaware landlord and tenant law.
Frequently asked questions
How much notice does a landlord have to give a tenant to move out in Delaware?
60 days’ written notice for a month-to-month tenancy. 60 days' written notice by either party; the 60-day period begins on the first day of the month following actual notice (§ 5106(d), as amended by 83 Del. Laws c. 203). For fixed-term leases, 60 days' notice before expiration (§ 5106(c)).
How much notice does a tenant have to give in Delaware?
60 days’ written notice on a month-to-month tenancy. A fixed-term lease ends on its own date unless it says otherwise.
How much notice is required for a rent increase in Delaware?
60 days. 60 days' written notice before the end of the term of any renewal with modified terms, including a rent or deposit increase; the tenant may reject by giving 45 days' notice of termination (§ 5107).
How long is a pay-or-quit notice in Delaware?
7 days. The tenant can stop the eviction by paying the full amount within that time.
Does the notice have to end on the last day of the month?
In most states, yes: a termination notice on a periodic tenancy takes effect at the end of a rental period that is at least the required number of days after service. Serving on the 15th with a 30-day requirement typically ends the tenancy at the end of the following month, not 30 days later. The calculator shows both dates.