Delaware 7 Day Notice To Vacate

Last Updated: April 3, 2024 by Roberto Valenzuela

A Delaware 7 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant who has committed an “incurable” breach of the lease (i.e., one where corrective action is not allowed). The tenant must move out within seven (7) calendar days of receiving notice.

When To Use a Delaware 7 Day Notice To Vacate

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

  • Repeat violation within a 12-month period of the previous notice of noncompliance
  • Breaching the lease and also violating a city, county or state code

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 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 basis upon which tenancy will terminate
    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 Vacate

    Delaware landlords may deliver a Notice To 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.

    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.