Delaware · Eviction

Can my landlord make me move out in Delaware?

No reason needed, but at least 60 days' written notice.

Why, and the exact law

For month-to-month rentals the 60 days start on the first day of the month after the notice.

From 25 Del. C. § 5106, read Oct 6, 2026.
Show the law

“Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice …”

25 Del. C. § 5106 · delcode.delaware.gov

Were you told to move out?

What reason did they give?

What reason did they give?

Who can help

  1. Get free legal helpLegal aid for tenants who got a notice.Community Legal Aid Society (Delaware)
Every rule here, word for word (2)

This page covers state law only. Cities with their own rules have their own pages.

Delaware lawIn force

Delaware 60-day notice to terminate tenancy

Can my landlord make me move out?

No reason needed, but at least 60 days' written notice.

For month-to-month rentals the 60 days start on the first day of the month after the notice.

Who it covers

  • Exemptions: For federally-subsidized housing, federal law controls in a conflict. Fixed-term termination is subject to § 5512.
The law, word for word

“Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice …”

25 Del. C. § 5106 · delcode.delaware.gov · Retrieved Oct 6, 2026

Delaware lawIn force

Delaware 7-day written demand before eviction for unpaid rent

How much notice do I get for unpaid rent?

At least 7 days' written notice to pay before the landlord can go to court.

If all the rent due is paid before the case is filed, the landlord can't file it.

The law, word for word

“demand payment for the past due rent and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 7 days after the date notice was given or sent, the landlord may file a court action to terminate the rental agreement …”

25 Del. C. § 5502 · delcode.delaware.gov · Retrieved Oct 6, 2026

More about Delaware

Rental law by cityWhat's changing in Delaware

Information about the law, not legal advice.