Delaware 45 Day Notice To Vacate

Last Updated: April 3, 2024 by Roberto Valenzuela

A Delaware 45 Day Notice To Vacate is a letter that complies with state legal requirements to provide notice of non-renewal for a lease. The landlord must receive notice 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 provides notice from a tenant to a landlord regarding non-renewal of a lease. After receiving a notice to renew from the landlord, the tenant may use this notice to terminate the tenancy if the new terms are not agreeable.

Some types of Delaware lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Delaware 45 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. Complete the certificate of service by indicating 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 Serve a Delaware 45 Day Notice To Vacate

Delaware landlords may deliver a Notice To Vacate using any of these methods:

  1. Hand delivery to the tenant
  2. Hand delivery to a person of suitable age and discretion on the premises who can accept the notice on behalf of the tenant
  3. Delivery by registered or certified mail, or by first class mail with a certificate of mailing
  4. 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.