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:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion on the premises who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, or by first class mail with a certificate of mailing
- 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.
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
- 1 Del. Code tit. 25 § 5113
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(a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. (c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives: (1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or (2) Personal service by a special process-server appointed by the Court. - 2 Del. R. Civ. P. Super. Ct. 6(e)
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Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period.Source Link
- 3 Del. Code tit. 25 § 5606
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A landlord, or housing authority as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representation under this chapter, and identifies available resources. The Coordinator shall prepare the informational materials in English, Spanish, and Haitian Creole. The informational materials must be provided by the landlord or housing authority at all of the following events:
(1) After [the effective date of Section 1 of this Act], on signing a written rental agreement or entering into a rental agreement that is oral. (2) On the first renewal or modification of a rental agreement occurring after [the effective date of Section 1 of this Act]. (3) When the landlord provides any of the notices under § 5602(b)(1) of this title. [i.e., eviction notices] (4) When a tenant receives notice of the termination of a housing subsidy.
