25 Del. C. ch. 51 § 5113
Service of notices or pleadings and process
Operative Text
(a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. (c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives: (1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or (2) Personal service by a special process-server appointed by the Court.
Section 5113 of Title 25 of the Delaware Code establishes the legally recognized methods for delivering notices and legal process between landlords and tenants. Personal delivery is the primary method, but the rule also permits leaving a copy with a responsible adult at the relevant address, sending notice by registered, certified, or first-class mail with proof of mailing, posting notice on the rental unit combined with mailing confirmation, or using a court-appointed special process server. A return receipt or certificate of mailing serves as prima facie evidence that proper service was completed, regardless of whether the recipient signed for, refused, or left unclaimed a piece of registered or certified mail.
Plain English — not legal advice.
Under 25 Del. C. § 5113, compliant operators maintain accurate, up-to-date address information in their leases and ensure that any required notice is delivered through one of the statute's recognized methods — personal delivery, leaving a copy with a responsible adult at the correct address, or mailing with proper documentation. When mailing, landlords generally retain the return receipt or certificate of mailing as proof of service, since these documents constitute prima facie evidence that notice was properly given. Landlords that are corporations, LLCs, or other artificial entities should also be aware that service may be made at their registered office or place of business in accordance with Supreme Court Rule 57.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5113 of Title 25 of the Delaware Code defines how landlords must legally deliver notices or court process to tenants, meaning a notice slipped informally under a door without proper documentation may not satisfy the statute's requirements. Tenants who believe they did not receive proper service under this provision — for example, because no adult was present when a copy was left, or because mailing was not documented — may be able to raise improper service as a defense in a court proceeding. Tenant-rights organizations in Delaware can help individuals understand whether the service they received met the standards set out in § 5113.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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