Delaware · Notice to vacate

Delaware notice to vacate rules

In Delaware, landlords and tenants must each give 60 days’ notice to end a month-to-month tenancy. For unpaid rent, the notice period is 7 days.

The rule

Landlord ends month-to-month
60 days
Tenant ends month-to-month
60 days
Week-to-week
No fixed period
Unpaid rent
7 days
Lease violation
7 days
Unpaid rent
After the late-fee grace period passes, a written demand giving at least 7 days to pay before the landlord may file for summary possession; paying all rent due before or after filing defeats the case.
Lease violations
At least 7 days to remedy a material breach; a similar breach within 1 year may be enforced without a new notice, and breaches causing irreparable harm allow immediate termination.

Law: 25 Del. C. § 5106, § 5502, § 5513

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.