Partial Rent Payments & Eviction Risk in Delaware

If you’re renting in Delaware and facing a tough month financially, you might consider making a partial rent payment. Before you do, it’s vital to understand how partial payments can affect your eviction risk and rights under Delaware law. This article covers what happens when a renter pays part of the rent, how landlords may respond, and your options if eviction is threatened.

Can Renters in Delaware Make a Partial Rent Payment?

Delaware law requires renters to pay full rent on the date it is due, as detailed in your lease agreement. However, if you cannot pay the entire amount on time, you may offer a partial payment to your landlord. Whether the landlord must accept a partial payment depends on your lease and the landlord’s policies. Most often, landlords are not obligated to accept less than full rent, unless you and your landlord agree in writing.

What Happens If Your Landlord Accepts a Partial Payment?

By accepting a partial rent payment, the landlord may or may not waive the right to proceed with an eviction for nonpayment, depending on:

• Whether the landlord waived the remaining rent in writing
• If the lease specifies what happens with partial payments
• Whether any written notice clarifies what the payment covers

If no written waiver exists, the landlord can usually still pursue eviction for the unpaid balance. Delaware law (Delaware Landlord-Tenant Code) does not automatically prevent eviction after a partial payment, unless both parties agree in writing to accept it as full payment [1].

Eviction Risk and the 5-Day Nonpayment Notice

If you are late on rent or pay only part of it, your landlord can begin the eviction process. The first step is providing a 5-Day Notice for nonpayment. This official written notice gives you five days to pay the full amount owed to avoid possible eviction proceedings.

If full rent is not paid within five days, the landlord can file for eviction (called “summary possession”) with the Delaware Justice of the Peace Court, which handles most tenant-landlord disputes in the state.

Relevant Forms If Facing Eviction for Partial Payment

• 5-Day Notice to Pay or Quit (No form number): Used by landlords to formally alert tenants of nonpayment. There is no official state form, but the notice must meet requirements outlined in Section 5502 of the Delaware Landlord-Tenant Code. Example: If you pay $600 of a $900 rent, the landlord can issue this notice for the balance owed.
• Summary Possession (Eviction) Complaint Form: If you receive this after a 5-Day Notice, it means your landlord is seeking your removal for nonpayment. Forms and process available at the Justice of the Peace Court Landlord-Tenant site.
• Tenant Answer to Complaint (Form CF01-T): Use this to respond if the landlord files for eviction. Access instructions and download from the official Delaware Courts Tenant's Answer. Example: If you offered partial payment, you can use this form to explain what happened or assert defenses before your eviction hearing.

How to Respond If You Can Only Make a Partial Payment

If you’re considering a partial payment, follow these steps to protect your rights and possibly avoid eviction:

• Communicate honestly and early with your landlord, preferably in writing
• Request written confirmation if your landlord agrees to accept a partial payment as full satisfaction for the rent due
• Keep records of all payments and communications
• If you receive a 5-Day Notice to Pay or Quit, try to pay the balance within the notice period to prevent eviction proceedings

Official Tribunal Handling Evictions in Delaware

The Delaware Justice of the Peace Court is responsible for handling residential landlord-tenant disputes, including eviction cases and partial payment issues.

Relevant Tenancy Legislation in Delaware

For detailed rights and responsibilities, refer to the Delaware Landlord-Tenant Code, Title 25, Chapter 55. This legislation outlines payment, notice, and eviction procedures.

FAQs About Partial Rent Payments and Eviction in Delaware

1. If I pay part of my rent, can my landlord still evict me?
   Yes, unless your landlord agrees in writing to accept your partial payment as payment in full, you can still be evicted for the unpaid amount.
2. Is my landlord required to accept a partial payment?
   No, Delaware law does not require landlords to accept less than the full rent due unless otherwise agreed in writing.
3. What should I do if I am served with a 5-Day Notice to Pay or Quit?
   Try to pay the full amount owed within five days. If you cannot, you may face eviction, but you still have the right to respond or seek legal help.
4. Can a payment receipt protect me from eviction?
   Only if the receipt states your payment satisfies all rent due for that period; otherwise, the landlord can proceed to evict for unpaid balances.
5. Where can I get tenant forms or help responding to an eviction?
   Forms and instructions are available from the Justice of the Peace Court.

Conclusion

• Partial rent payments do not usually stop eviction unless both parties agree in writing.
• If you receive a 5-Day Notice, act quickly: communicate, pay if possible, or formally respond.
• Know your rights—Delaware’s rental laws and court forms are publicly available to help you navigate this process.

Understanding the rules around partial payments can help Delaware renters avoid misunderstandings and respond promptly if eviction is threatened.

Need Help? Resources for Renters

• Justice of the Peace Court Landlord-Tenant Information (official forms, guidance, and court locations)
• Delaware Attorney General – Landlord/Tenant Hotline (for consumer help and complaints)
• Delaware State Housing Authority (renter support and emergency rental assistance)

---

1. Delaware Landlord-Tenant Code, Title 25, Chapter 55
2. Delaware Justice of the Peace Court – Landlord-Tenant
3. Delaware Courts – Tenant Answer to Complaint Form (CF01-T)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations