How To Serve an Eviction Notice in Delaware

How To Serve an Eviction Notice in Delaware

Last Updated: April 26, 2024 by Roberto Valenzuela

In Delaware, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in Delaware?

In Delaware, a landlord can deliver eviction notices or lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in Delaware?

The landlord may serve eviction and lease termination notices on any day of the week.

For a 5 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Delaware, rent is late starting the day after it’s due.

An Immediate Notice to Vacate is the eviction notice used for tenants that cause or threaten to cause irreparable harm. A landlord may choose to serve this notice on a judicial day, so they can go to the courthouse and begin eviction proceedings on the same day, but this is not required by law.

Acceptable Forms of Service in Delaware

Delaware landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the tenant
  2. Hand delivery to a person of suitable age and discretion on the premises who can accept the notice on behalf of the tenant
  3. Delivery by registered or certified mail, or by first class mail with a certificate of mailing
  4. Posting the notice on the rental unit, PLUS delivery by a method which produces a return receipt or certificate of mailing

Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.

warning

A Delaware eviction notice must be accompanied by a disclosure of the state’s right-to-counsel program providing free legal services to tenants facing eviction.

Obtaining Proof of Service in Delaware

A landlord can demonstrate proof that a notice was delivered through the following methods:

  • Hand Delivery – to tenant or a person of suitable age and discretion, by completing a Declaration of Service at the time of delivery
  • Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
  • Mail – by keeping the return receipt or certificate of mailing and completing a Declaration of Service at the time of mailing

If the notice is sent by certified, registered or first class mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.

Delaware Eviction and Lease Termination Notice Forms

Notice Form Grounds
5 Day Notice To Quit Eviction for Unpaid Rent
Immediate Notice To Vacate Eviction for Irreparable Harm
7 Day Notice To Comply or Vacate Eviction for Lease Violation
7 Day Notice To Vacate Eviction for Repeat Lease Violation /

Eviction for Violating Local or State Law

45 Day Notice To Vacate Non-Renewal of Fixed Term Lease (Tenants)
60 Day Notice To Vacate End of / No Lease

 

Sources