25 Del. C. ch. 55 § 5502
Landlord remedies for failure to pay rent
Operative Text
(a) A landlord or the landlord’s agent may, any time after the time period between the date the rent is due and the date under this Code when late fees may be imposed, 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. If the tenant remains in default, the landlord may then bring an action for summary possession of the dwelling unit or any other proper proceeding, action, or suit for possession. (b) A landlord or the landlord’s agent may bring an action for rent alone at any time after the landlord has properly demanded payment of past-due rent, has notified the tenant of the landlord’s intention to bring such an action, and the required time under this section has passed. This action may include late charges, which have accrued as additional rent. (c) If a tenant, or another person or entity on behalf of a tenant, pays all rent due before the landlord has initiated an action against the tenant, the landlord may not then initiate an action for summary possession that is based on such failure to pay rent. The landlord may not refuse to accept rental payments by or on behalf of a tenant. The landlord may restrict the method of any payments to those accepted under the terms of the lease. (d) If a tenant, or another person or entity on behalf of a tenant, pays all rent due under the terms of the lease after the landlord has initiated an action for nonpayment or late payment of rent against the tenant, then the landlord may not maintain that action based upon such failure to pay past due rent. The landlord may not refuse to accept rental payments by or on behalf of a tenant. The landlord may restrict the method of payment as follows: (1) Prior to a judgment being entered against the tenant, the landlord may restrict the method of any payments to those accepted under the terms of the lease. (2) Once a judgment has been entered against the tenant, the landlord may require payment be made by either certified check or money order.
Under 25 Del. C. ch. 55 § 5502, when a tenant falls behind on rent, a landlord must first demand payment in writing and give the tenant at least 7 days to pay before filing a court action. If full payment is made before or even after a court action is initiated, the landlord generally cannot continue pursuing a possession case based solely on that unpaid rent. Landlords are prohibited from refusing rental payments made by or on behalf of a tenant, though they may limit the acceptable method of payment to what the lease specifies, or to certified check or money order once a judgment has been entered.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 55 § 5502 typically begin the process by issuing a written demand for past-due rent that gives the tenant at least 7 days to cure before any court filing. Compliant landlords accept payments tendered by or on behalf of the tenant at any stage, and they do not refuse such payments even after litigation has begun. Once a court judgment is entered, landlords may require payment by certified check or money order, but prior to that point they are generally limited to the payment methods specified in the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 55 § 5502, tenants have the right to receive a written notice with at least 7 days to pay overdue rent before a landlord may file a court action. Importantly, if all past-due rent is paid in full — whether before or after a court action is filed — the landlord generally cannot proceed with a possession case based on that nonpayment. Tenants who believe a landlord has refused a valid payment or has not followed the required notice steps may consider consulting a tenant-rights organization or raising the procedural requirements of § 5502 as part of any court proceeding.
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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