Delaware 60 Day Notice to Vacate

Last Updated: September 2, 2022 by Marnie Snyder

A Delaware 60 Day Notice to Vacate is a legal termination letter written by the landlord or the tenant to terminate any rental agreement, including a month-to-month tenancy. The lease termination letter shall be served by either party at least sixty (60) calendar days before the end date specified in the notice.

When to Use a Delaware 60 Day Notice to Vacate

A landlord or a tenant may use a Delaware 60-Day Notice to Vacate to terminate a month-to-month arrangement, regardless of rent payment frequency, in accordance with state law. This lease termination letter may also be used for tenants that have an expired lease. The 60 Day Notice to Vacate will take effect for either party on the first day of the month following the day of actual notice.

This notice may also be used to terminate any rental agreement, regardless of rent payment frequency, by giving the lease termination letter to the other party at least sixty (60) calendar days prior to the expiration date of the lease.

How to Write a Delaware 60 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. For tenants, provide your new address and an updated phone number.
  5. Sign the notice and print your name.
  6. For landlords, include contact information, such as address and phone number.
  7. 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 60 Day Notice to Vacate

A landlord or a tenant may deliver lease termination notices 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.

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