Delaware 7 Day Notice To Comply or Vacate

Last Updated: April 3, 2024 by Roberto Valenzuela

Delaware 7 Day Notice to Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant who commits a “curable” breach of the lease (i.e., one which the tenant can fix through corrective action), such as a health or safety violation. The tenant must take appropriate corrective action or else move out within seven (7) calendar days of receiving notice.

When To Use a Delaware 7 Day Notice To Comply or Vacate

A Delaware 7 Day Notice To Comply or Vacate begins the eviction process for the following curable tenant violations:

  • Health or safety violation
  • Damage to the rental property
  • Violation of occupancy rules
  • Interference with the quiet enjoyment of neighbors
  • Refusal to allow lawful landlord access to the premises
  • Other violations of the lease terms or property rules

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 7 Day Notice To Comply or Vacate

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

    1. Use the full name of the receiving parties, and address of record, if known
    2. Specify the basis upon which tenancy will terminate, and the action(s) necessary to prevent termination
    3. Specify the termination date of the lease or tenancy
    4. Fill in the full address of the rental premises
    5. Provide updated/current address and phone number information
    6. Print name and sign the notice
    7. 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 7 Day Notice To Comply or Vacate

    Delaware landlords may deliver a Notice To Comply or 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.

    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.

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