A Delaware eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Delaware.
Types of Delaware Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Illegal Activity. Delaware landlords are not required to provide tenants with written notice prior to beginning the eviction process for illegal activity. The only notice tenants may receive in these instances is a summons telling them to appear for a court hearing.
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Delaware law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the rental agreement.
Once rent is past due, the landlord must provide a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court, allowing the tenant to pay the past-due rent amount in full within 5 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The eviction notice for nonpayment of rent should include the total amount of past-due rent owed and the deadline for paying all past-due rent in full in order to avoid eviction.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
7-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Delaware if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Delaware landlords must provide tenants with a 7-Day Notice to Comply, giving the tenant 7 days to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, having a pet when there’s a no-pet policy, and material health or safety violations.
For violations of the lease or rental agreement that cause or could cause “irreparable” harm to another tenant or the landlord, prior written notice is not required.
If the tenant fails to correct the issue within the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The eviction notice must include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation;
- The date the lease will terminate if the tenant doesn’t comply within the deadline;
- A statement that the landlord may bring an action for summary possession;
- A statement that the notice is given pursuant to 25 DE Code §5513; and
- A statement that if the tenant commits the same violation within one year, the landlord isn’t required to give the tenant another Notice to Comply and may proceed directly with an eviction action.
Get the downloadable 7-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
60-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Delaware, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
Regardless of the length or type of tenancy, Delaware landlords are required to give all tenants at least 60 days’ written notice to vacate the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The eviction notice should include the date the tenancy will terminate.
Get the downloadable 60-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in Delaware Eviction Notices
Delaware law only lays out the specific information that must be included on eviction notices for lease violations.
However, it’s a good idea to include:
- The reason for the eviction;
- The date the tenancy will terminate; and
- The signature and title of the person sending the notice.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified or registered mail.
Delivering Eviction Notices in Delaware
In the state of Delaware, landlords can deliver an eviction notice by any of the following methods:
- Giving it to the tenant in person;
- Leaving a copy of the notice with an adult at the rental unit/tenant’s place of residence;
- Mailing the notice to the tenant via first-class, certified, or registered mail;
- Posting a copy of the notice in a conspicuous place at the rental unit; or mailing a copy via first-class, certified, or registered mail
- Using a court-approved process server to deliver the notice to the tenant.
Note that using certified mail is only one option under Delaware law.
Eviction Process in Delaware
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Possession is posted, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of property to landlord.
To learn more about the eviction process in Delaware, click here.