A Delaware eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Delaware landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Delaware Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent | Yes |
| Immediate Notice To Vacate | Irreparable Harm | No |
| 7 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 7 Day Notice To Vacate | Repeat Lease Violation /
Violating Local or State Law |
No |
| 60 Day Notice To Vacate | End of / No Lease | No |
Delaware 5 Day Notice To Quit
A Delaware 5 Day Notice To Quit form evicts a tenant for nonpayment of rent. In Delaware, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within five (5) judicial days (i.e., not counting weekends and legal holidays) of receiving notice.
Delaware Immediate Notice To Vacate
A Delaware Immediate Notice To Vacate eviction evicts a tenant who causes or threatens to cause irreparable harm, particularly if it results in a Class A misdemeanor or felony conviction. The tenant is not given an opportunity to take corrective action, and must move out immediately.
Delaware 7 Day Notice To Comply or Vacate
A Delaware 7 Day Notice To Comply or Vacate evicts a tenant on the basis of a lease violation. This might include property damage, failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors, among other things. The tenant must take appropriate corrective action, or else move out within seven (7) calendar days of receiving notice.
Delaware 7 Day Notice To Vacate
A Delaware 7 Day Notice To Vacate evicts a tenant for a repeat violation of the lease within a 12-month period. This notice may also evict a tenant who commits a material breach that violates a city, county or state code. The tenant is not given an opportunity to take corrective action and must move out within seven (7) calendar days of receiving notice.
Delaware 60 Day Notice To Vacate
A Delaware 60 Day Notice To Vacate terminates any rental agreement, including a month-to-month lease as well as an expired lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
How To Write an Eviction Notice in Delaware
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Delaware
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served), except in the case of an Immediate Notice To Vacate which takes effect as soon as it’s received by the tenant. For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
Delaware counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days. Longer periods are counted normally.
How To Serve an Eviction Notice 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.
Sources
- 1 25 DE Code § 5106
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Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
Source Link - 2 Delaware Court Rules of Civil Procedure - Rule 6 / DE Code § 5112
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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 - 3 Del. Code tit. 25 § 5113
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Source Link
(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. - 4 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
- 5 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.
