LOCAL RULES: 25 DEL. C. 5509

Delaware notice of entry requirements

Your Delaware notice of entry has 3 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • 48 hours' notice, entry between 8 a.m. and 9 p.m.
  • Count the 48 hours without weekends and holidays (s. 5112)
  • Serve it in person, with an adult in the unit, or by mail with proof of mailing
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Delaware's Residential Landlord-Tenant Code sets 48 hours' notice and entry only between 8 a.m. and 9 p.m., and its own time rule leaves weekends and holidays out of short periods. A landlord who enters without consent answers for any loss. Here is each rule with a link to the Delaware Code.

Last reviewed October 26, 2026 against the official sources listed below.

Notice of entryDELAWARE / FREE CALCULATOR

Notice period and entry times

WhatWhenRule
Notice givenNovember 2, 2026 (attached to the door)25 Del. C. s. 5509 (b)
How the notice is givenA posted notice counts only together with a return receipt or a certificate of mailing25 Del. C. s. 5113
Earliest lawful entry without the tenant's consentNovember 4, 202625 Del. C. s. 5509 (b)
Planned entryNovember 4, 2026: after the notice period25 Del. C. s. 5509 (b)
Hours of entryBetween 8:00 a.m. and 9:00 p.m.25 Del. C. s. 5509 (b)
What the notice must sayAt least 48 hours' notice of the intent to enter (none for repairs the tenant asked for); Delaware leaves weekends and holidays out of periods under 7 days (s. 5112), so this counts two business days25 Del. C. s. 5509 (b)

Emergencies, an abandoned unit and the tenant's consent at the time of entry follow their own rules (listed on this page). A lease may give the tenant more notice; check it.

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What Delaware requires

  • The tenant may not unreasonably withhold consent for the landlord to enter to inspect, make necessary repairs, decorations, alterations or improvements, supply agreed services or show the unit to prospective purchasers, mortgagees or tenants; a tenant may install a new lock at their own cost if they notify the landlord in writing and give a key25 Del. C. s. 5509 (a)
  • The landlord gives at least 48 hours' notice of the intent to enter, except for repairs the tenant requested, and enters only between 8:00 a.m. and 9:00 p.m.; in an emergency the landlord may enter at any time; for prospective tenants or purchasers only, the tenant may waive the 48 hours in a signed addendum or separate signed document25 Del. C. s. 5509 (b)
  • Periods under 7 days leave out intermediate Saturdays, Sundays and legal holidays, and a period's last day moves off a weekend or holiday to the next business day25 Del. C. s. 5112
  • Notices are served in person, by leaving a copy with an adult living in the unit, by registered or certified mail or first-class mail with a certificate of mailing, or by posting on the unit together with a return receipt or certificate of mailing25 Del. C. s. 5113
  • The tenant lets the landlord in at reasonable times to read meters or appliances that measure utility use25 Del. C. s. 5509 (c)
  • The landlord is liable for theft, casualty or harm from an entry when the absent tenant did not specifically consent, without the actual consent of a tenant who is present, or through negligence; repeated unreasonable demands or an unreasonable entry without consent can end the agreement and bring an injunction, and clauses exempting the landlord are void25 Del. C. s. 5510 (b) to (d)

48 hours, 8 a.m. to 9 p.m.

Give at least 48 hours' notice of your intent to enter and come between 8 a.m. and 9 p.m. No notice is needed for repairs the tenant asked for or in an emergency. For showings to prospective tenants or buyers only, the tenant may waive the 48 hours in a signed addendum.

Counting and serving the notice

Delaware leaves Saturdays, Sundays and legal holidays out of periods under 7 days, so a Friday notice reaches 48 hours on Tuesday. Serve it in person, with an adult living in the unit, by mail with proof of mailing, or by posting it with a certificate of mailing or return receipt.

Liability

If the tenant did not consent to an entry while away, or was home and did not agree, the landlord is liable for theft or harm from it. Repeated unreasonable demands can end the agreement and bring an injunction, and a lease clause excusing the landlord is void.

Common mistakes

  • Counting the 48 hours across a weekend.
  • Posting the notice without mailing a copy with a certificate of mailing.
  • Showing the unit early because a lease clause said so: only a signed addendum or separate signed document can waive the notice for showings.

Sources

Last reviewed October 26, 2026. Next review due January 26, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.