How many days notice do I give a Delaware tenant who has not paid rent?

At least seven days after the notice is given or sent, in a written demand for past due rent (25 Del. C. 5502(a)).

Does Delaware require mediation before an eviction trial?

Yes. After a landlord files, the case is scheduled for mediation under the residential eviction diversion program, which must be completed at least 48 hours before the trial (5702A(c)), with exceptions such as a case alleging substantial or irreparable harm.

How much notice does the officer give before removing a Delaware tenant?

At least 24 hours, and the writ is executed between sunrise and sunset (5715(b)).

Delaware Eviction Steps and Timeline

In Delaware you demand payment of past due rent in writing and give the tenant at least seven days before you may file, or give a 7-day written notice to fix a lease breach. The case goes to the Justice of the Peace Court, where it is scheduled for mediation before trial, and after judgment a constable or sheriff gives 24 hours' notice before carrying out the writ of possession. If the tenant pays all the rent due before you file, you may not bring a nonpayment case.

What notice does Delaware require?

Under 25 Del. C. 5502(a), at any time after the period between the due date and the date late fees may be imposed, you may demand payment of the past due rent and notify the tenant in writing that unless payment is made within the time in the notice, which must be not less than seven days after the date the notice was given or sent, you may file a court action to terminate the rental agreement. If the tenant remains in default, you may then bring an action for summary possession.

For a breach of a rule or covenant that is material to the rental agreement, 5513(a) requires written notice and at least seven days for the tenant to fix it. The notice must specify the rule allegedly breached, say it is given under that section, and advise that if the violation continues after seven days you may terminate the rental agreement and bring an action for summary possession. It must also say that a substantially similar breach within one year lets you rely on that notice as grounds for an action. This section does not cover late rent, which falls under 5502. If a breach causes or threatens irreparable harm to a person or property, or the tenant is convicted of a class A misdemeanor or felony during the tenancy that did, 5513(b) lets you terminate immediately on notice and bring the action.

What if the tenant pays after the notice?

Section 5502(c) says that if the tenant, or someone on the tenant's behalf, pays all rent due before you start an action, you may not then start a summons for possession based on the failure to pay. You may not refuse rental payments by or on behalf of the tenant, though you may limit the payment method to those the lease accepts. Section 5502(d) applies the same rule after you file: if all rent due under the lease is paid, you may not maintain the nonpayment action. Before judgment you may restrict payment to the methods the lease accepts, and after judgment you may require a certified check or money order.

How does the court case work and how fast is it?

You file a complaint for possession in the Justice of the Peace Court that hears civil cases in the county where the unit is located (25 Del. C. 5701 and 5704). The complaint must state your interest, describe the unit, state the facts and attach any written notice (5707); for a breach case it must also set out the rule breached and the facts with specificity (5708). The notice of hearing and complaint must be served at least 5 and not more than 30 days before the hearing, and proof of service must be filed before the hearing and no later than 5 days after service (5705). Service follows 5706: personal service first, then leaving a copy with a person of suitable age and discretion in the unit, then affixing a copy to a conspicuous part of the unit within one day and mailing copies.

After you file, the case is scheduled for mediation between filing and trial under the residential eviction diversion program, and mediation must be completed at least 48 hours before trial (5702A(c)). A tenant who does not engage within 15 days after service does not delay the trial, and you are not required to participate in a case alleging substantial or irreparable harm. At the hearing the tenant may answer orally or in writing with any legal or equitable defense (5709), and the court may adjourn the trial no more than 10 days unless all parties agree (5710). When you file, the statute also asks for documentation showing the property complies with the lead-based paint chapter (5704A), so ask the court clerk what to attach.

How long until the tenant is out?

After a final judgment for you, and not before the time for an appeal or a motion to vacate has passed, the court issues a writ of possession to the constable or sheriff (5715(a)). The officer must give at least 24 hours' notice to the person to be removed and execute it between sunrise and sunset (5715(b)). You must notify the constable to take the steps needed to put you in full possession (5715(c)). If belongings remain at execution, you may remove and store them for seven days at the tenant's expense before they are treated as abandoned (5715(e)), and if the unit will be rented again you must change the locks when you actually retake possession (5715(h)).

Which mistakes cost a Delaware landlord time?

Giving less than seven days in the notice. Both 5502(a) and 5513(a) set seven days as the minimum.
Refusing a payment the tenant offers. Section 5502 bars refusing rent paid by or for the tenant, though you may limit the method to those the lease accepts.
Writing a breach notice that does not say it is given under 5513 and does not list the rule breached.
Planning a lockout on the day of judgment. The writ cannot issue until the appeal and motion-to-vacate period has run.

Example a made-up landlord gives a written demand for past due rent on Monday, November 9, 2026, with a payment date of Monday, November 16. If the rent is still unpaid, the landlord files on November 16 and the tenant is served on Tuesday, November 17. The hearing must fall between Sunday, November 22 and Thursday, December 17, 2026, with mediation done at least 48 hours before the trial date. After a judgment for the landlord, the officer posts at least 24 hours' notice before the removal.

What can a Delaware landlord never do?

Section 5313 says that a tenant removed or excluded by the landlord or the landlord's agent, except under a valid court order, may recover possession or terminate the rental agreement, and may recover treble the damages sustained or an amount equal to three times the per diem rent for the time excluded, whichever is greater, plus costs. Wait for the writ.

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

Delaware Code Title 25, Chapter 55 (Rental agreements), Sections 5502 and 5513, read Oct 30, 2026
Delaware Code Title 25, Chapter 57 (Summary possession), read Oct 30, 2026
Delaware Code Title 25, Chapter 53, Section 5313 (Unlawful ouster or exclusion of tenant), read Oct 30, 2026

Questions

How many days notice do I give a Delaware tenant who has not paid rent?: At least seven days after the notice is given or sent, in a written demand for past due rent (25 Del. C. 5502(a)).
Does Delaware require mediation before an eviction trial?: Yes. After a landlord files, the case is scheduled for mediation under the residential eviction diversion program, which must be completed at least 48 hours before the trial (5702A(c)), with exceptions such as a case alleging substantial or irreparable harm.
How much notice does the officer give before removing a Delaware tenant?: At least 24 hours, and the writ is executed between sunrise and sunset (5715(b)).