25 Del. C. ch. 57 § 5706
Manner of service
Operative Text
(a) Service of the notice of hearing and complaint shall be made in the same manner as personal service of a summons in an action. (b) If service cannot be made in such manner, it shall be made by leaving a copy of the notice and complaint personally with a person of suitable age and discretion who resides or is employed in the rental unit. (c) If no such person can be found after a reasonable effort, service may be made: (1) Upon a natural person by affixing a copy of the notice and complaint upon a conspicuous part of the rental unit within 1 day thereafter, and by sending by either certified mail or first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, an additional copy of each document to the rental unit and to any other address known to the person seeking possession as reasonably chosen to give actual notice to the defendant; or (2) If defendant is an artificial entity, pursuant to Sup. Ct. R. 57, by sending by certified mail or by sending by first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, within 1 day after affixation, additional copies of each document to the rental unit and to the principal place of business of such defendant, if known, or to any other place known to the party seeking possession as reasonably chosen to effect actual notice. (d) Service pursuant to this section shall be considered actual or statutory notice.
Section 5706 of Delaware's residential landlord-tenant code establishes the required methods for delivering a notice of hearing and complaint in a possession action. The preferred method mirrors personal service of a legal summons, but when that is not possible, the law permits substitute service on a suitable adult at the rental unit, or — as a last resort — a combination of posting a copy at the property and mailing additional copies by certified or first-class mail with certificate of mailing. Any service completed under this section is treated as legally sufficient actual or statutory notice, regardless of which permitted method was used.
Plain English — not legal advice.
Landlords and property managers initiating a possession action under 25 Del. C. ch. 57 § 5706 are generally expected to attempt personal service first, then substitute service on a suitable adult at the unit, and only then resort to the posting-and-mailing method. When the posting-and-mailing fallback is used, compliant operators typically affix the documents to a conspicuous part of the rental unit and send copies by certified mail or first-class mail with USPS Form 3817 (or its successor) within one day of posting, directing mail to the rental unit and any other address reasonably likely to reach the occupant. Keeping dated records of each service attempt and retaining proof of mailing helps demonstrate that the requirements of § 5706 were followed.
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. 57 § 5706, tenants have a right to receive proper notice of any hearing and complaint filed against them in a possession action, and the law specifies the exact methods by which that notice must be delivered. If a tenant believes service was not carried out in accordance with the methods described in § 5706 — for example, that documents were never posted, mailed, or personally delivered as required — that procedural deficiency may be relevant to the validity of the proceeding. Tenants who have questions about whether they were properly served can consult a tenant-rights organization or legal aid provider familiar with Delaware landlord-tenant law for general information about their options.
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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