Eviction Notice & Unlawful Detainer Complaint

DELAWARE EVICTION NOTICE AND SUMMARY POSSESSION COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice to Quit / Pay or Quit / Cure or Quit (25 Del. C. §§ 5502, 5513, 5106)
3. Part B — Certificate / Affidavit of Service of Notice
4. Part C — Complaint for Summary Possession (25 Del. C. § 5701 et seq.)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. Delaware Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) the pre-suit Notice required by the Delaware Residential Landlord-Tenant Code (25 Del. C. § 5502 for nonpayment, § 5513 for a material lease breach, § 5106 for a no-cause month-to-month termination) and (b) the Complaint for Summary Possession filed in the Justice of the Peace Court under 25 Del. C. Chapter 57. The landlord must serve the statutorily prescribed notice, allow the notice period to expire, and then file the summary possession action. Self-help eviction (changing locks, removing belongings, shutting off utilities) is prohibited (25 Del. C. § 5313) and exposes the landlord to treble damages; only a court judgment and a sheriff-executed writ of possession may remove a tenant.

Notice periods at a glance:

Pay-to-stay overlay (25 Del. C. § 5502(c)–(d)): If the tenant pays all rent due before the landlord initiates the action — and the landlord accepts payment without a written reservation of rights — the landlord may not then initiate a summary possession or nonpayment action. The same applies to payment accepted after the action is filed (the landlord may not maintain the past-due-rent action).

2. PART A — NOTICE TO QUIT / PAY OR QUIT / CURE OR QUIT (25 Del. C. §§ 5502, 5513, 5106)

[CHECK ONE — select the statutorily prescribed ground and notice period]

• ☐ 5-DAY NOTICE TO PAY RENT OR QUIT (25 Del. C. § 5502) — nonpayment of rent
• ☐ 7-DAY NOTICE TO CURE OR QUIT (25 Del. C. § 5513(a)) — material breach of a rule or covenant
• ☐ NOTICE OF IMMEDIATE TERMINATION (25 Del. C. § 5513(b)) — irreparable harm / class A misdemeanor or felony
• ☐ 60-DAY NOTICE OF TERMINATION (25 Del. C. § 5106) — no-cause month-to-month termination

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY], [NEW CASTLE / KENT / SUSSEX] County, Delaware [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

IF 5-DAY NOTICE TO PAY RENT OR QUIT (25 Del. C. § 5502)

You are hereby notified that rent in the amount of $[____] is past due and unpaid for the Premises described above. DEMAND IS MADE for payment of the full amount of rent due. Unless payment is made within FIVE (5) DAYS after the date this notice was given or sent — that is, on or before [__/__/____] — the rental agreement shall be TERMINATED, and the landlord may bring an action for summary possession of the Premises under 25 Del. C. § 5502 and Chapter 57.

IF 7-DAY NOTICE TO CURE OR QUIT (25 Del. C. § 5513(a))

You are hereby notified that you are in breach of the following rule or covenant which is material to your rental agreement: [SPECIFY THE RULE/COVENANT ALLEGEDLY BREACHED — e.g., "unauthorized pet in violation of paragraph __ of the lease"]. You are required to REMEDY OR CORRECT this breach within SEVEN (7) DAYS after this notice. If the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession.

This notice is given pursuant to 25 Del. C. § 5513. If you commit a substantially similar breach within one (1) year, the landlord may rely upon this notice as grounds for initiating an action for summary possession without a further opportunity to cure.

IF NOTICE OF IMMEDIATE TERMINATION (25 Del. C. § 5513(b))

You are hereby notified that your rental agreement is TERMINATED EFFECTIVE IMMEDIATELY because [DESCRIBE — a breach that causes or threatens to cause irreparable harm to a person or property, OR a conviction of a class A misdemeanor or felony during the term of the tenancy that caused or threatened irreparable harm]. You must vacate and deliver up possession of the Premises. No opportunity to cure is provided for this ground under 25 Del. C. § 5513(b).

IF 60-DAY NOTICE OF TERMINATION (25 Del. C. § 5106)

You are hereby notified that the month-to-month tenancy at the Premises is terminated. You must surrender possession on or before [__/__/____]. This notice is given under 25 Del. C. § 5106; the 60-day period begins on the first day of the month following the day on which this actual notice is given.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[LANDLORD / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE

I, [SERVER NAME], certify (or being duly sworn, state) that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Notice on [TENANT NAME] in the manner indicated below:

• ☐ Personal delivery to the tenant.
• ☐ Leaving a copy with a person of suitable age and discretion residing or employed at the Premises.
• ☐ Affixing a copy to a conspicuous part of the Premises AND mailing a copy by certified mail and by first-class mail with a USPS certificate of mailing (Form 3817).

____________________________________

[SERVER NAME]

Address: [________________________________]

4. PART C — COMPLAINT FOR SUMMARY POSSESSION (25 Del. C. § 5701 et seq.)

IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY — COURT NO. [____]

Case No.: [________________________________]

COMPLAINT FOR SUMMARY POSSESSION AND FOR RENT AND DAMAGES

(25 Del. C. §§ 5701, 5702; § 5502; § 5513)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental Premises located at [ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP].

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per month, payable in advance on the [____] day of each month.

3. The Premises [☐ is / ☐ is not] subject to the Delaware Residential Landlord-Tenant Code, 25 Del. C. Part III.

4. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058.

5. This action is properly maintained in this Justice of the Peace Court, which hears civil cases and has territorial jurisdiction over the area in which the Premises is located (25 Del. C. §§ 5701, 5702).

COUNT I — SUMMARY POSSESSION

6. Plaintiff realleges paragraphs 1 through 5.

7. Grounds for summary possession exist under 25 Del. C. § 5702 because Defendant has [☐ wrongfully failed to pay the agreed rent of $[____] due for the period [__/__/____] through [__/__/____] (§ 5702(2)) / ☐ breached a lawful obligation relating to the use of the Premises as follows: ____________ (§ 5702(4)) / ☐ unlawfully continued in possession after expiration/termination of the rental agreement (§ 5702(1))].

8. On [__/__/____], Plaintiff served upon Defendant the statutorily required [5-day pay-or-quit / 7-day cure-or-quit / immediate-termination / 60-day] Notice pursuant to 25 Del. C. § [5502 / 5513(a) / 5513(b) / 5106]. A true and correct copy of the Notice is attached as Exhibit A, and the proof of service is Exhibit B.

9. More than the statutory notice period has elapsed, and Defendant has failed to [pay the rent demanded / cure the breach / vacate the Premises]. Defendant continues in possession without the consent of Plaintiff.

10. Plaintiff is entitled to recover possession of the Premises and to issuance of a writ of possession under 25 Del. C. § 5715.

WHEREFORE, on Count I, Plaintiff demands judgment for possession of the Premises, issuance of a writ of possession, and costs.

COUNT II — RENT AND DAMAGES

11. Plaintiff realleges paragraphs 1 through 10.

12. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered, together with late charges accrued as additional rent under 25 Del. C. § 5501(d).

13. Defendant is further liable for $[____] in damages to the Premises and other amounts recoverable under the rental agreement and 25 Del. C. Part III.

14. Plaintiff is entitled to costs and, if provided by the rental agreement or statute, reasonable attorney's fees.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, the reasonable value of use and occupancy, damages, prejudgment interest, costs, and attorney's fees, and for such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

____________________________________

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, Delaware Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the State of Delaware that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], Delaware.

____________________________________

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

State of Delaware, County of [________________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

____________________________________

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

____________________________________
Notary Public, State of Delaware
My Commission Expires: [__/__/____]

7. DELAWARE PRACTICE NOTES

• Two-statute structure. Notice periods come from the substantive Code (§ 5502 nonpayment, § 5513 breach, § 5106 month-to-month); the eviction lawsuit (summary possession) is governed by 25 Del. C. Chapter 57. Both must be satisfied.
• 5 days for nonpayment (§ 5502). The written demand must give "not less than 5 days" after the notice is given or sent before the rental agreement terminates. Many landlords count business days and exclude weekends/holidays; build in a margin and verify the current court practice.
• 7 days to cure (§ 5513(a)). The notice must substantially specify the rule/covenant breached, advise that termination and summary possession may follow if the violation continues after 7 days, state it is given under § 5513, and warn that a substantially similar breach within 1 year may be relied on without a further cure right.
• Immediate termination (§ 5513(b)). Available without notice-to-cure where a breach causes or threatens irreparable harm or the tenant is convicted of a class A misdemeanor or felony during the tenancy causing/threatening irreparable harm.
• 60-day month-to-month (§ 5106). Delaware is unusual — a no-cause termination of a month-to-month tenancy requires at least 60 days, and the period begins on the first day of the month after actual notice. Start the clock early.
• Pay-to-stay (§ 5502(c)–(d)). Acceptance of full rent due — before filing without a written reservation of rights — bars the action; acceptance after filing bars maintaining the past-due-rent action.
• Justice of the Peace Court (§§ 5701–5702). File in the JP Court that hears civil cases with territorial jurisdiction over the Premises. The notice of hearing and complaint must be served at least 5 days and not more than 30 days before the hearing (§ 5705); service is governed by § 5706 (personal, suitable-age occupant, or post-and-mail).
• Right to Representation (2023 law). Delaware became the fourth U.S. state to guarantee income-eligible tenants free legal counsel in eviction cases. Landlords must provide a Right to Representation Notice when initiating an eviction.
• Mandatory Eviction Diversion Program. Since July 1, 2024, the Residential Eviction Diversion Program is mandatory: the landlord files a Landlord's Affidavit of Participation at least 5 days before the hearing, and the tenant has 15 days after service to begin the program before a hearing proceeds. Confirm current procedures with the Court.
• No self-help (§ 5313). Lockouts, utility shutoffs, and removal of belongings expose the landlord to treble damages (or the daily rent for each day of wrongful exclusion, whichever is greater) plus costs.
• Writ of possession (§ 5715). Issued after judgment; a sheriff executes it. Confirm the abandoned-property and storage rules (tenant typically has a limited window to reclaim).
• Manufactured-home lots and subsidized housing follow additional or different cause/notice rules. CARES Act 30-day notice may apply to federally backed dwellings.

8. SOURCES AND REFERENCES

• 25 Del. C. § 5502 (failure to pay rent — 5-day demand) — https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5513 (breach of rules/covenants — 7-day notice; immediate termination) — https://law.justia.com/codes/delaware/title-25/chapter-55/section-5513/
• 25 Del. C. § 5106 (month-to-month — 60-day notice) — https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. Chapter 57 (Summary Possession — JP Court jurisdiction, §§ 5701–5719) — https://delcode.delaware.gov/title25/c057/index.html
• Delaware Courts — Summary Possession Action Informational Packet & forms — https://courts.delaware.gov/forms/
• SS1 for SB1 (2023) — Right to Representation in eviction cases; Residential Eviction Diversion Program — https://legis.delaware.gov/BillDetail/130110
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Delaware-licensed attorney must review and customize this package before service or filing. Manufactured-home and subsidized-housing tenancies follow additional rules; verify current notice periods, JP Court filing fees, the Right to Representation Notice, and the mandatory Eviction Diversion Program requirements before use.

Last Updated: 2026-06-06