Delaware Eviction Notice Forms

Last Updated: January 8, 2024 by Roberto Valenzuela

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

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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

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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

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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

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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

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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:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. 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:

  1. Hand delivery to the other party
  2. Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the tenant, PLUS delivery by registered or certified mail OR first class mail with a certificate of mailing
  3. Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by registered or certified mail OR first class mail with a certificate of mailing

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

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