In Delaware, in order for an eviction notice to be legal, it must contain certain information about the tenancy and violation committed. If any appropriate details are missing and the case proceeds to court, the case may be postponed or dismissed by a judge.
Step 1: List Tenants’ Full Names
All adult tenants’ names must be included. It is important to make sure each adult household member is named individually if the landlord has to move forward with the eviction process.
Step 2: List Full Address
The full address for the rental premises must be included for legal purposes. This is extremely important so there is no confusion later in the eviction process when the court returns possession of the premises to the landlord.
Step 3: Include Grounds for Eviction
Include the reason why the tenant is facing eviction.
- For nonpayment of rent, include the total balance due for the current rental period plus any past delinquencies.
- For a lease violation, the tenant must have a clear understanding of the infraction and whether or not it can be corrected.
- For an incurable breach, indicate the specific breach or illegal conduct.
In some cases, even with lease violations or an incurable breach, the tenant may owe a balance due, which shall also be provided in the notice.
Step 4: Calculate and Include Termination Date
This date must be included on all notices and is the date by which tenants must pay a rent balance due, cure a lease violation or the date the tenants must vacate the premises.
In Delaware, an eviction notice takes effect the day after it is served. However, there is one exception, the Immediate Notice to Vacate, which is effective immediately.
For all other notices, weekends and legal holidays are not counted if the notice period is less than seven (7) days. If the notice period is seven (7) days or longer, then weekends and legal holidays are counted in the period.
Regardless of the notice period length, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day when the clerk’s office is open.
Step 5: Include Date Notice Served
This date is very important for a couple of reasons. For purposes of counting the proper number of days in the notice period, the date the notice is served is required. In addition, it tells the court when the notice was delivered to the tenants.
Step 6: Landlord’s Signature and Printed Name
The landlord must sign and print their name on the notice to make it effective and legally compliant. Like all legal documents, the notice must be signed or it will not be enforced in court and the landlord will have to begin the eviction process over.
Step 7: Landlord’s Address and Phone Number
The landlord’s contact information gives the tenant a way to reach the landlord or drop off a payment for a balance due. In addition, the contact information provided must be a reliable method of contacting the landlord throughout the duration of the eviction process.
Delaware Eviction & Lease Termination Notice Forms
|5 Day Notice to Quit||Unpaid Rent|
|Immediate Notice to Vacate||Causing Irreparable Harm|
|7 Day Notice to Comply or Vacate||Lease Violations|
|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||Ending a Lease / No Lease|
- 1 Delaware Court Rules of Civil Procedure - Rule 6 / DE Code § 5112
Time/Computation. In computing any period of time prescribed or allowed by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included unless specifically included by statute, order or rule. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation.Source Link