Delaware Renters: 30-Day & 7-Day Eviction Notice Guide

Facing an eviction notice can feel overwhelming for Delaware renters. Understanding the differences between a 30-day and a 7-day notice is essential to protect your rights and prepare your response. Delaware law sets specific requirements for eviction notices, and recognizing which type applies to your situation gives you a stronger footing if you need to communicate with your landlord or seek help.

Eviction Notices in Delaware: Overview

Eviction is a legal process that requires a landlord to follow certain steps before asking a renter to move out. The two main types of eviction notices in Delaware are the 30-day notice and the 7-day notice, each serving different purposes under the law.

What is a 30-Day Eviction Notice?

A 30-day notice is generally used when a landlord wishes to end a rental agreement for reasons other than nonpayment or serious lease violations. The landlord must give the renter at least 30 days' written notice before filing for eviction with the Justice of the Peace Court.¹

• Usually applies to month-to-month tenancies, or when a lease is ending
• May be issued if the landlord is not renewing your periodic tenancy, or for certain no-fault reasons
• Does not require proof that a renter violated the lease, only that proper notice is given

What is a 7-Day Eviction Notice?

A 7-day notice is used when a renter has violated their lease agreement or rules under the Delaware Landlord Tenant Code. This could be due to nonpayment of rent, unauthorized occupants, pets, damage, or other significant breaches.

• Issued for serious violations, including nonpayment of rent
• The landlord must state the reason for the notice, giving the renter 7 days to correct (or "cure") the issue if possible
• If not resolved within 7 days, the landlord can file an eviction action

Official Delaware Eviction Forms

• Notice to Terminate Rental Agreement – 30 Days
  Form: None specific; written notice required per law.
  Use: Your landlord must give you a written notice to end a month-to-month tenancy. This can be a letter or form, but must include the move-out date at least 30 days in the future.
  See Delaware Courts Landlord/Tenant Help
• Notice to Terminate for Nonpayment or Lease Violation – 7 Days
  Form: None specific; written notice required per statute.
  Use: Landlord provides this written notice if you’re behind on rent or have violated a lease term. It must state what you did wrong and how long you have to fix it (usually 7 days).
  Read Delaware Landlord Tenant Code
• Summary Possession (Eviction) Complaint – Form No. 19C-48-01
  Filed by the landlord in court if you do not move out or fix the lease violation.
  Example: If you receive a 7-day notice for nonpayment and do not pay within 7 days, your landlord may file this with the Justice of the Peace Court in your county, starting the formal eviction case.
  Delaware Landlord/Tenant Complaint forms

Key Steps for Renters: Responding to an Eviction Notice

Here’s what you should do if you receive either notice type:

• Read the notice carefully. Note the reason, the time frame, and how to contact your landlord.
• Fix the violation promptly (if it’s a 7-day notice and you can resolve the issue).
• Communicate in writing with the landlord about your plans to comply, if relevant.
• Document everything (save notices, letters, receipts, etc.).
• Contact Delaware legal aid or housing resources for advice.
• If a formal eviction ("summary possession complaint") is filed against you, attend your court hearing and bring any evidence or proof of compliance.

The Justice of the Peace Court: Delaware’s Housing Tribunal

Delaware’s Justice of the Peace Court handles all residential eviction cases and landlord-tenant disputes in the state.

Relevant Delaware Legislation

Residential tenancies in Delaware are governed by the Delaware Landlord Tenant Code (Title 25, Chapter 51). This law outlines all notice requirements, rights, and responsibilities of both landlords and renters.

FAQ: Delaware Eviction Notice Rights

1. What if I don’t move out after the 30-day notice?
   Your landlord must file a "summary possession" eviction complaint with the Justice of the Peace Court. You will receive court papers and have a chance to attend the hearing.
2. Can I fix a violation after receiving a 7-day notice?
   Yes, unless the violation is severe (like dangerous or repeated behavior). For most lease breaches, you have 7 days to correct the problem and notify your landlord of your actions.
3. Does my landlord have to use a special form for eviction notices?
   No. Delaware law does not require a specific form, but the notice must be in writing and include all legally required information.
4. Can I get more time if I can’t move out by the deadline?
   You may ask your landlord, but they are not required to extend the deadline. Once a court case is filed, the judge decides if extra time is warranted based on your circumstances.
5. Where do I go if I want to contest an eviction?
   All eviction cases in Delaware are handled by the Justice of the Peace Court. Attend your hearing and bring any evidence you have.

Key Takeaways for Delaware Renters

• 30-day notices are for ending leases or tenancies; 7-day notices are for nonpayment or lease violations.
• You have rights and the opportunity to respond or fix issues in most cases.
• Always document communication and seek help from official Delaware resources if you’re unsure.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – handles all eviction cases and landlord-tenant disputes.
• Delaware Courts Landlord/Tenant Help – official guides, forms, and FAQ.
• Delaware State Housing Authority – renter support, rental assistance, and education.
• Legal Services Corporation of Delaware – free legal assistance for eligible renters facing eviction.

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1. Delaware Landlord Tenant Code (Title 25, Chapter 51)
2. Justice of the Peace Court of Delaware
3. Delaware Courts Landlord/Tenant Help
4. Landlord/Tenant Complaint Forms (Delaware Courts)

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