Delaware 5 Day Notice to Quit

Last Updated: September 2, 2022 by Marnie Snyder

A Delaware 5 Day Notice to Quit is a legal eviction form written by the landlord and provided to the tenant for nonpayment of rent. The tenant must pay the balance due or move out and deliver possession of the premises within five (5) judicial days (not counting weekends or legal holidays).

When to Use a Delaware 5 Day Notice to Quit

Use a 5-Day Notice to Quit to begin the eviction process in Delaware if the tenant has not paid rent (starting the day after it’s due) either in part or in full.

If the above is not true, use the below form to evict a tenant:

  • 7 Day Notice to Comply or Vacate – If the tenant committed a health/safety violation, damaged the property, interfered with peace, refused the landlord access to the premises, violated the rules with too many people living at the premises or any other type of lease violation.
  • 7 Day Notice to Vacate – If the tenant repeated the same or a similar lease violation within a 12-month period or if the tenant breached the lease and violated a city, county or state code.  
  • Immediate Notice to Vacate – If the tenant threatened irreparable harm to another person or property at the premises or if the tenant is convicted of a Class A Misdemeanor or Felony, which caused or threatened to cause irreparable harm at the premises.
  • 60 Day Notice to Vacate – If the tenant has no written lease or to terminate any other type of tenancy.

How to Write a Delaware 5 Day Notice to Quit

The 5 Day Notice to Quit form shall be completed as follows:

  1. Write all adult tenants’ names (do not include minors);
  2. Fill in the complete address of the rental premises;
  3. Enter the amount of rent due;
  4. Include the total balance due and where it should be paid;
  5. Enter the date the total amount is due or the date the tenant must vacate the premises for an unpaid balance due or non-compliance;
  6. Include the date the notice is served;
  7. Landlord prints their name and signs the notice;
  8. Landlord includes their full address and phone number.

How to Serve a Delaware 5 Day Notice to Quit

A landlord may serve a 5 Day Notice to Quit using any of the below acceptable methods:

  1. Handing the notice to the tenant in person;
  2. Handing the notice to a person of suitable age AND mailing the notice by certified or registered mail with a return receipt or first class mail, postage prepaid with a certificate of mailing;
  3. Posting the notice in a conspicuous place at the premises AND mailing the notice by certified or registered mail with a return receipt or first class mail, postage prepaid with a certificate of mailing.

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

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