A 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 or the landlord is terminating a rental agreement, including a month-to-month lease. This letter may also be used for tenants with no written lease or for tenants with an expired lease.
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:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Include any balance due, if applicable;
- Enter the date the breach must be cured by or the date the tenants must move out if the violation is not remedied;
- Include the date the notice is served;
- Landlord prints their name and signs the notice;
- 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:
- Handing the notice to the tenant in person;
- 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;
- 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.
Sources
- 1 70 Del. Laws, c. 513, § 3
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§ 5513. Landlord remedies relating to breach of rules and covenants.
(a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.
(1) Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession. Such notice shall also state that it is given pursuant to this section, and if the tenant commits a substantially similar breach within 1 year, the landlord may rely upon such notice as grounds for initiating an action for summary possession. The issuance of a notice pursuant to this section does not establish that the initial breach of the rental agreement actually occurred for purposes of this section.
(2) If the tenant’s breach can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item or the like, the landlord may so remedy the tenant’s breach and bill the tenant for the actual and reasonable costs of such remedy. Such billing shall be due and payable as additional rent, immediately upon receipt.
(3) If the tenant’s breach of a rule or covenant also constitutes a material breach of an obligation imposed upon tenants by a municipal, county or state code, ordinance or statute, the landlord may terminate the rental agreement and bring an action for summary possession.
Source Link - 2 70 Del. Laws, c. 513, § 1
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Source Link§ 5113. Service of notices or pleadings and process.
(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.
- 3 Delaware Court Rules of Civil Procedure - Rule 6
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Rule 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. The additional 3-day period applies only to actions taken by parties and does not apply to actions taken by the Court.
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