Delaware 60 Day Notice To Vacate

Last Updated: April 3, 2024 by Roberto Valenzuela

A Delaware 60 Day Notice To Vacate is a letter that complies with state legal requirements to terminate any rental agreement, including a month-to-month lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.

When To Use a Delaware 60 Day Notice To Vacate

A Delaware 60 Day Notice To Vacate terminates the following types of tenancy:

  • Any type of rental agreement, regardless of payment frequency (including a month-to-month lease)
  • An expired lease
  • A rental with no written lease

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 60 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 60 Day Notice To Vacate

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

  1. Hand delivery to the other party
  2. Hand delivery to a person of suitable age and discretion on the property who can accept the notice on behalf of the other party
  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.