Delaware Landlord Guide · Title 25 Ch. 55
Tenant Not Paying? Here's What to Do.
Step-by-step process tracks, legal deadlines, notice checklists, and a letter generator for Delaware landlords.
Delaware landlords have two primary enforcement tools under Title 25, Chapter 55. Which track you're on depends on why the tenant is in default — both end at JP Court if unresolved, but the notice types, day counts, and required language differ.
Rent is late or unpaid. Delaware has a 5-day grace period; you cannot charge a late fee during that window. You may serve a formal 5-Day Pay or Quit notice earlier, but most landlords wait until after the grace period ends to avoid unnecessary agitation or paperwork. The notice clock counts business days only.
Tenant broke a lease rule — unauthorized pet, noise, damage, etc. Serve a 7-Day Notice to Cure specifying the exact rule violated. Clock counts calendar days.
3 Rules Every Delaware Landlord Must Know
Notices under 7 days count business days only (Mon–Fri, no holidays). Notices 7 days or more count every calendar day including weekends.
All legal notices must be served by first-class mail with a USPS Certificate of Mailing (Form 3817). Service is legally complete on the date of mailing. Attorneys recommend a +3 day buffer before the cure clock starts.
Days 1–6 are the grace period. No late fee may be charged until the 7th day. Delaware does not prohibit serving a 5-day notice before the grace period ends, but most landlords wait to avoid unnecessary agitation or paperwork.
Step-by-Step Process
The breach causes or threatens irreparable harm to a person or property — no cure period applies. Terminate immediately and file.
File without notice periodTenant convicted during tenancy of an offense causing or threatening irreparable harm. No cure window required.
File without notice periodA substantially similar breach within 12 months of a § 5513 notice. Your original notice is sufficient — no new cure period needed.
Use original notice → fileReference Tools
Use these once you know which track you're on — calculate your deadlines, check the month's calendar, and generate your notice letter.
Deadline Calculator
Pick a notice type and mail date — key deadlines calculate instantly.
Month-at-a-Glance Calendar
Non-payment track · days 1–20Before You Send: Notice Checklists
- ☐Full legal name(s) of tenant(s) and full property address
- ☐Exact dollar amount of rent owed
- ☐Exact dollar amount of late fee (if any)
- ☐Demand payment within 5 business days of receipt (Mon–Fri only)
- ☐Statement that lease terminates if payment is not received
- ☐Sent first-class mail with USPS Form 3817 (Certificate of Mailing)
- ☐Deadline = mail date + 3 day buffer + 5 business days
- ☐Certificate of mailing retained in tenant file for at least 1 year
- ☐Full legal name(s) of tenant(s) and full property address
- ☐Quote the exact lease language of the rule breached
- ☐Describe the specific breach clearly and factually
- ☐State the specific remedy required to cure
- ☐Allow at least 7 calendar days to remedy (incl. weekends)
- ☐State notice is given pursuant to § 5513
- ☐State lease may terminate and landlord may bring action if not cured
- ☐Sent first-class mail with USPS Form 3817 (Certificate of Mailing)
Notice Letter Generator
PDF ExportFill in the fields on the left — the letter auto-generates on the right. Export to PDF or copy the text to paste into your own letterhead.
Resources & Links
Justice of the Peace Court filing page for landlord-tenant eviction actions in Delaware.
Read More →Required if your property is held in an LLC. Allows a non-attorney to represent the LLC in JP Court.
Download form →Full statutory text — §§ 5501, 5502, 5112, 5113, 5512, 5513 and the rest of the Residential Landlord-Tenant Code.
delcode.delaware.gov →Prima facie evidence of service under § 5113. Free at any post office — order in bulk.
Download Form →File Summary Possession actions online through the Delaware state court portal.
Read More →Late rent, property damage, nightmare tenants — how Delaware law addresses the most common landlord problems.
Read the guide →