25 Del. C. ch. 55 § 5513
Landlord remedies relating to breach of rules and covenants
Operative Text
(a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title. (1) Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession. Such notice shall also state that it is given pursuant to this section, and if the tenant commits a substantially similar breach within 1 year, the landlord may rely upon such notice as grounds for initiating an action for summary possession. The issuance of a notice pursuant to this section does not establish that the initial breach of the rental agreement actually occurred for purposes of this section. (2) If the tenant’s breach can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item or the like, the landlord may so remedy the tenant’s breach and bill the tenant for the actual and reasonable costs of such remedy. Such billing shall be due and payable as additional rent, immediately upon receipt. (3) If the tenant’s breach of a rule or covenant also constitutes a material breach of an obligation imposed upon tenants by a municipal, county or state code, ordinance or statute, the landlord may terminate the rental agreement and bring an action for summary possession. (b) When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm to any person or property, the landlord may, without notice, remedy the breach and bill the tenant as provided in subsection (a) of this section; immediately terminate the rental agreement upon notice to the tenant and bring an action for summary possession; or do both. (c) Upon notice to tenant, the landlord may bring an action or proceeding for waste or for breach of contract for damages suffered by the tenant’s wilful or negligent failure to comply with tenant’s responsibilities under § 5512 of this title. The landlord may request a forthwith summons.
Under 25 Del. C. ch. 55 § 5513, when a tenant violates a material rule or covenant in a rental agreement, the landlord is generally required to provide written notice and give the tenant at least seven days to fix the problem before pursuing termination or possession proceedings. Certain serious situations—such as breaches causing irreparable harm or a tenant's conviction of a class A misdemeanor or felony tied to such harm—allow the landlord to act without that notice period. The provision also addresses the landlord's ability to remedy certain breaches directly and bill the tenant for reasonable costs, as well as to pursue damages for willful or negligent failures to meet tenant responsibilities.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 55 § 5513 generally maintain written notice procedures that clearly identify the specific rule allegedly breached, reference this section, and give the tenant at least seven days to cure before any termination or summary possession action is initiated. Compliant operators also keep records of notices issued, since a substantially similar breach within one year of a prior notice can serve as grounds for a new possession action without a fresh cure period. When a breach is one the landlord can remedy directly—such as cleaning or replacing a damaged item—the actual and reasonable costs of that remedy may be billed to the tenant as additional rent due upon receipt.
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 § 5513, tenants are generally entitled to written notice specifying the alleged rule violation and a minimum seven-day window to correct it before a landlord may pursue termination or summary possession, except in situations involving irreparable harm or certain criminal convictions. If a tenant believes a notice does not meet the requirements of this section—such as failing to identify the breach or omitting the required statutory reference—that deficiency may be relevant in any subsequent legal proceeding. Tenants who receive a notice under this provision may wish to consult a tenant-rights organization or legal aid service to understand the full range of options available to them.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation