Delaware 45 Day Notice to Vacate

Last Updated: September 7, 2022 by Marnie Snyder

A Delaware 45 Day Notice to Vacate is a legal letter written by the tenant and delivered to the landlord for the non-renewal of a lease. The notice shall be provided to the landlord at least forty five (45) calendar days before the expiration of the lease term.

When to Use a Delaware 45 Day Notice to Vacate

A Delaware 45 Day Notice to Vacate is prepared by the tenant and served to the landlord for the non-renewal of a lease. After receiving a notice to renew the lease from the landlord, if the tenant decides not to renew or accept amended lease provisions, the tenant may use this notice to terminate the tenancy.

How to Write a Delaware 45 Day Notice to Vacate

For a lease termination notice to be legally compliant:

  1. State who the legal letter is addressed to (use full name of the receiving party).
  2. Include the termination date of the lease or tenancy.
  3. Fill in the full address of the rental premises.
  4. Provide your new address and an updated phone number.
  5. Sign the notice and print your name.
  6. Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.

Without this information on the lease termination notice, a judge may not be able to proceed with legal action.

How to Serve a Delaware 45 Day Notice to Vacate

A tenant may deliver the non-renewal of the lease notice in Delaware using any of the below acceptable methods:

  1. Handing the notice to the other party in person;
  2. Handing the notice to a person who can accept the legal letter on behalf of the other party;
  3. Mailing the notice by first class with a certificate of mailing or via certified or registered mail with a return receipt.

When sending the notice by first class, certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.