Notice periods / Delaware

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.

Landlord ends month-to-month
60 days
Tenant ends month-to-month
60 days
Rent increase
60 days
Pay or quit
7 days
Rent due on the 1st. Most statutes require termination notices to line up with the rental period.

Delaware notice requirements in full

The Delaware rules in detail

Ending a month-to-month tenancy · Del. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a)

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)).

Rent increases

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).

Nonpayment (pay or quit)

7 days. The tenant may cure by paying everything owed within the period; after that the landlord may file for eviction.

Serving the notice

Source: Del. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a).

Related Delaware rules

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.

Notice periods in other states