Delaware Notice to Vacate: Notice Periods and Rules

In Delaware, tenants give at least 60 days written notice to end a month-to-month tenancy, and landlords give at least 60 days. For unpaid rent, the notice period is 7 days. The details, exceptions and statute citations are below.

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Delaware notice periods at a glance

Tenant ending a month-to-month tenancy60 days
25 Del. C. § 5106(d)
Landlord ending a month-to-month tenancy60 days
25 Del. C. § 5106(d)
Notice for unpaid rent7 days
25 Del. C. § 5502(a)
End of a fixed-term leaseNotice IS required: a landlord must give at least 60 days' written notice before a fixed term ends (25 Del. C. § 5106(c)); for leases of 1 year or more, if the landlord gives no 60-day notice and the tenant gives no 45-day notice, the lease converts to month-to-month (§ 5108). Section 5106(c) separately says 60 days for tenants, so tenants should give 60 to be safe.
How notice can be deliveredPersonal service; leaving a copy with an adult at the rental unit; registered, certified, or first-class mail with a certificate of mailing; or posting on the unit combined with a return receipt or certificate of mailing (25 Del. C. § 5113).

The 60-day month-to-month period starts on the first day of the month after actual notice, so a notice given mid-month runs from the 1st of the next month. The nonpayment notice (now at least 7 days, per 85 Del. Laws c. 436) can only be given after the 5-day late-fee grace period, and tenants can cure by paying in full before the case is filed. A landlord renewing on different terms must give 60 days' notice (§ 5107).

What a Delaware notice to vacate should include

  • The names of every tenant on the lease and the full address, including unit number
  • The date you are giving the notice and the date the tenancy ends
  • A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
  • For unpaid rent: the exact amount owed and how to pay it
  • Your name, signature and contact details
  • A record of how and when you delivered it (keep a copy)

Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.

Delaware notice to vacate FAQ

How much notice does a tenant have to give in Delaware?

For a month-to-month tenancy, at least 60 days in writing (25 Del. C. § 5106(d)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.

How much notice does a landlord have to give in Delaware?

To end a month-to-month tenancy without a specific reason, at least 60 days (25 Del. C. § 5106(d)).

What is the notice period for unpaid rent in Delaware?

The tenant gets 7 days to pay or move out (25 Del. C. § 5502(a)). If the tenant does neither, the landlord can file an eviction case; only a court can order the tenant out.

How do you deliver a notice to vacate in Delaware?

Personal service; leaving a copy with an adult at the rental unit; registered, certified, or first-class mail with a certificate of mailing; or posting on the unit combined with a return receipt or certificate of mailing (25 Del. C. § 5113).

Do I need to give notice at the end of a fixed-term lease in Delaware?

Notice IS required: a landlord must give at least 60 days' written notice before a fixed term ends (25 Del. C. § 5106(c)); for leases of 1 year or more, if the landlord gives no 60-day notice and the tenant gives no 45-day notice, the lease converts to month-to-month (§ 5108). Section 5106(c) separately says 60 days for tenants, so tenants should give 60 to be safe.

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Sources

Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.

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