How many days does a tenant get to pay late rent in Delaware?
In Delaware, before starting a nonpayment case a landlord must serve a written notice giving the tenant 5 days to pay the rent due. This is 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a).
| What | Delaware |
|---|---|
| Notice before a nonpayment case | 5 days |
| What the notice demands | Pay the rent due, or the tenancy can end |
Notes
A month-to-month tenancy ends with at least 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received. To renew on different terms — a higher rent included — the landlord must give at least 60 days' written notice before the lease expires. Entry: 48 hours' notice, between 8 a.m. and 9 p.m., except for repairs the tenant asked for or an emergency. Nonpayment: a written demand giving at least five days to pay.
Source
25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a) — last checked 2026-09-16.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.
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The same question in other states
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