Delaware Eviction Notice for Nonpayment of Rent: The 7-Day Demand and Right of Redemption

By the FigureMyTax Editorial Team · How we calculate

Since September 1, 2026 a Delaware landlord must give at least 7 days to pay overdue rent, and a tenant can stop an eviction for nonpayment by paying everything owed. Here is how the demand works and what changed.

What is the Delaware notice for unpaid rent?

A landlord or its agent may, any time after rent is due, demand payment in writing and notify the tenant that unless payment is made within a time stated in the notice, not less than 7 days after the date the notice was given or sent, the rental agreement will be terminated (25 Del. C. 5502(a)). If the tenant remains in default, the landlord may then bring an action for summary possession. The Delaware eviction notice calculator counts the days.

Did the notice change in 2026?

Yes. Effective September 1, 2026, Senate Substitute 1 for Senate Bill 116 raised the demand period from 5 days to 7 and says the demand must be sent after the date late fees may be imposed under the Code (Delaware Courts: right of redemption; Delaware Courts guide). The statute text on some free sites still shows 5 days.

How are the 7 days counted?

The day the notice is given or sent is not counted. A period of seven days or more counts weekends, and a last day on a Saturday, Sunday or legal holiday moves to the end of the next day that is not one (5112). If the notice is sent by mail, the Delaware Courts add 3 days to a period that runs from service by mail. A demand sent on a Wednesday has its seventh day the following Wednesday.

Can the tenant stay by paying?

Yes, in two ways. If the tenant pays all rent due before the landlord files and the landlord accepts it without a written reservation of rights, the landlord may not then start a case for possession or for failure to pay rent; and if the tenant pays after a case is filed and the landlord accepts without reserving rights, it may not maintain the case for past-due rent (5502(c), (d)). And under the right of redemption, if the sole basis is nonpayment, the tenant can stop the eviction by paying everything owed before it is carried out, unless the tenant had two nonpayment judgments for possession in the prior 18 months (Delaware Courts).

What can a landlord charge for late rent?

If the lease provides for one, a late charge may not exceed 5 percent of the monthly rent, counts as additional rent and may not be imposed within 5 days of the agreed time for payment (5501(d)). Accepting only part of the rent is not a payment in full: read the lease and the notice together.

What happens after the notice period?

The landlord can file a summary possession action in the Justice of the Peace Court and must take part in the eviction diversion program after filing. See the Delaware eviction timeline calculator and self-help evictions in Delaware. A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).

A worked example of the 7 days

A demand sent on a Wednesday gives seven days that end the next Wednesday; the landlord can file the following business day, Thursday, if the rent is still unpaid and no payment was accepted without a reservation of rights. If the seventh day is a Saturday, Sunday or legal holiday, the period runs to the next business day. The eviction notice calculator does the count for your dates.

Frequently asked questions

Official sources

• 25 Del. C. 5502: failure to pay rent
• Delaware Courts: right of redemption
• Delaware Courts: summary possession guide
• 25 Del. C. 5112: computation of time
• 25 Del. C. 5501: rent; late charges

This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.