Delaware 60 Day Notice to Vacate | Lease Termination Form

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:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
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:

Hand delivery to the other party
Hand delivery to a person of suitable age and discretion on the property who can accept the notice on behalf of the other party
Delivery by registered or certified mail, or by first class mail with a certificate of mailing
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.

note

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.

Sources

1 25 DE Code § 5106: Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
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2 25 DE Code § 5106: The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
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3 Del. Code tit. 25 § 5113: (a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process.

(b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process.

(c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives:

(1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or

(2) Personal service by a special process-server appointed by the Court.

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4 Del. R. Civ. P. Super. Ct. 6(e): Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period.
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