Delaware Eviction Law at a Glance
State Statute
Del. Code tit. 25, §5502 — Delaware Residential Landlord-Tenant Code
Notice Periods
- Nonpayment: 5-Day Pay or Quit
- Lease violation: 7-Day Cure or Quit
- Unconditional: 7-Day Unconditional Quit (Repeat Violation)
- End of tenancy: 60-Day Notice to Vacate
Available Defenses
- Habitability (Del. Code tit. 25, §5305)
- Retaliation (Del. Code tit. 25, §5516)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 5 days to pay past-due rent; 7 days to cure lease violations
Self-Help Eviction
PROHIBITED — Landlord must use court process (Del. Code tit. 25, §5313)
Court & Filing
Justice of the Peace Court
Landlord must file summary possession action in Justice of the Peace Court
Complaints: Delaware Attorney General Consumer Protection Unit
Additional Protections
- Self-help eviction prohibited — landlord must use court process
- 60-day notice required for month-to-month tenancies
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Delaware Eviction Response FAQ
How many days do I have to respond to an eviction notice in Delaware?
In Delaware, the response deadline depends on the type of eviction notice: Nonpayment: 5-Day Pay or Quit; Lease violation: 7-Day Cure or Quit; Unconditional: 7-Day Unconditional Quit (Repeat Violation); End of tenancy: 60-Day Notice to Vacate. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Delaware?
Available defenses in Delaware include: Habitability (Del. Code tit. 25, §5305), Retaliation (Del. Code tit. 25, §5516), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Delaware require landlords to give tenants a right to cure?
Yes. Tenant has 5 days to pay past-due rent; 7 days to cure lease violations
Can my landlord evict me without going to court in Delaware?
No. Under Del. Code tit. 25, §5313, self-help eviction is prohibited in Delaware. Your landlord must file in Justice of the Peace Court and obtain a judgment.
What should I include in an eviction response letter in Delaware?
Your letter should: (1) identify the notice by date and type, (2) cite Del. Code tit. 25, §5502, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Delaware?
File complaints with the Delaware Attorney General Consumer Protection Unit and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
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