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 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 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. There is no legal grace period in Delaware, so a notice may be served starting the day after rent is 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
Landlords may serve eviction or lease termination notices. All notices may be delivered using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to someone of suitable age and discretion at the premises AND mailing the notice by certified/registered mail with a return receipt or first class mail with postage prepaid and a certificate of mailing;
- Posting the notice in a conspicuous place at the premises, such as the entry door AND mailing the notice by certified/registered mail with a return receipt or first class mail with postage prepaid and a certificate of mailing.
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.
- Certified/Registered or First Class 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 & Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice to Quit | Unpaid Rent |
| Immediate Notice to Vacate | Irreparable Harm |
| 7 Day Notice to Comply or Vacate | Lease Violation |
| 7 Day Notice to Vacate | Repeat Lease Violation / Material Breach |
| 45 Day Notice to Vacate | Non-Renewal of Fixed Term Lease (For Tenants Only) |
| 60 Day Notice to Vacate | End of Lease / No Lease |
Sources
- 1 70 Del. Laws, c. 513, § 1 / DE Code § 5113
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Source Link§ 5113. Service of notices or pleadings and process.
(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 Delaware Court Rules of Civil Procedure - Rule 6
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Rule 6 (e) 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. The additional 3-day period applies only to actions taken by parties and does not apply to actions taken by the Court.
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