Delaware eviction rules for tenants

Notice for unpaid rent

After the 5-day late-fee grace period passes, the landlord must give a written demand for the past-due rent giving you at least 7 days to pay before filing. If you (or someone for you) pay all rent due before the case is filed, the landlord cannot file for that nonpayment; if you pay everything due under the lease after filing, the case cannot go on. You can also pay all amounts the court finds due, plus costs, any time before the eviction is carried out (right of redemption). 25 Del. C. §§ 5502, 5716A.

Notice for a lease violation

7-day written notice to correct a material rule or lease violation. If you commit a substantially similar breach within 1 year, the landlord can rely on the old notice. Immediate termination is allowed only for breaches causing or threatening irreparable harm. 25 Del. C. § 5513.

Ending a month-to-month tenancy

Landlord or tenant: at least 60 days' written notice, counted from the first day of the month after notice is given. For a lease of 1 year or more, the landlord must give 60 days' written notice before it ends, or it continues month-to-month. 25 Del. C. §§ 5106, 5108.

Time to respond to an eviction lawsuit

No written answer is required before the hearing. You may answer orally or in writing at the hearing. You can ask for a jury trial within 10 days after being served. 25 Del. C. §§ 5709, 5713.

Lockouts and utility shutoffs

If the landlord removes or locks you out without a court order, you can get back in or end the lease, and recover three times your damages or three times the daily rent for each day you were locked out, whichever is greater, plus court costs (25 Del. C. § 5313). A landlord may not cut off utility service for unpaid rent, utility charges or any other breach (§ 5312(e)).

Court self-help

The court's eviction self-help page

Law

25 Del. C. §§ 5106, 5313, 5502, 5513, 5709, 5713, 5716A

The landlord may not evict, raise rent or cut services after you complain in good faith about code violations (to the landlord or a government agency), after an agency files a violation notice, after you organize or serve as an officer of a tenant group, or after you pursue any legal right. Action within 90 days is presumed retaliatory. Limited defenses apply (for example, landlord moving in, major renovation, a termination notice given before your complaint). If the landlord retaliates, you can recover 3 months' rent or three times your damages, whichever is greater, plus court costs. 25 Del. C. § 5516.

Notice of a rent increase

At least 60 days' written notice before the lease ends of any rent increase or other changed terms at renewal. If you do not give notice of moving out at least 45 days before the end of the term, the new terms are treated as accepted. Not applicable to HUD income-based rent. 25 Del. C. § 5107.

Rent control

No statewide rent cap for apartments or houses.