Delaware 7 Day Notice to Comply or Vacate

Last Updated: September 2, 2022 by Marnie Snyder

Delaware 7 Day Notice to Comply or Vacate is a legal eviction document provided to the tenant for a curable breach of the lease, such as committing a health/safety violation. The tenant has the right to correct the violation, otherwise the tenant must move out within seven (7) calendar days.

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

Use a 7 Day Notice to Comply or Vacate to begin the eviction process in Delaware:

  • If the tenant committed a health /safety violation.
  • If the tenant damaged the rental property.
  • If the tenant violated the rules with too many people living at the premises.
  • If the tenant interfered with the peace and enjoyment of others.
  • If the tenant refused to allow the landlord access to the property.
  • If the tenant violated the rules or terms of the lease agreement for any other reason.

If none of the above are true, use the below form to evict a tenant:

  • 5 Day Notice to Quit – If the tenant has not paid rent, (starting the day after it’s due), either in part or in full.
  • 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 7 Day Notice to Comply or Vacate

The Seven (7) Day Notice to Comply or Vacate 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. Specify the rule or lease violation;
  4. Include any balance due, if applicable;
  5. Enter the date the breach must be cured by or the date the tenants must move out if the violation is not remedied;
  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 7 Day Notice to Comply or Vacate

Landlords may deliver the notice to comply or vacate 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 the notice by certified, registered or first class mail, add three (3) additional calendar days to the notice period to account for the variability in post office delivery times.

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