A Delaware eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Delaware, eviction notices can be served for the nonpayment of rent, lease violations or committing irreparable harm.
Types of Delaware Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice to Quit | Unpaid Rent | Yes |
| Immediate Notice to Vacate | Causing Irreparable Harm | No |
| 7 Day Notice to Comply or Vacate | Lease Violations | Yes |
| 7 Day Notice to Vacate | Repeat Lease Violation / Material Breach | No |
| 60 Day Notice to Vacate | Ending a Lease / No Lease | No |
Delaware 5 Day Notice to Quit
A Delaware 5 Day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the rent balance due, otherwise the tenant must move out and deliver possession of the premises within five (5) judicial days (not counting weekends and legal holidays).
Delaware Immediate Notice to Vacate
A Delaware Immediate Notice to Vacate form is used for an eviction if the tenant causes or threatens to cause irreparable harm. The tenant cannot remain on the premises and must move out of the rental unit immediately.
Delaware 7 Day Notice to Comply or Vacate
A Delaware 7 Day Notice to Comply or Vacate form is used for an eviction for a lease violation. Examples of lease violations include damaging property, interfering with the peace and enjoyment of others or refusing to allow the landlord access to the premises. The tenant can fix the lease violation, otherwise the tenant must vacate the premises within seven (7) calendar days.
Delaware 7 Day Notice to Vacate
A Delaware 7 Day Notice to Vacate form is used for an eviction for a repeat violation of the lease in a 12-month period. This eviction notice may also be used for tenants committing a material breach that violates a city, county or state code. There is no option to fix the violation and the tenant must move out and deliver possession of the premises within seven (7) calendar days.
Delaware 60 Day Notice to Vacate
A Delaware 60 Day Notice to Vacate form is a lease termination letter served by the landlord or the tenant. This letter is used to end any rental agreement, including a month-to-month tenancy. This lease termination letter may also be used for tenants with an expired lease.
To terminate a rental agreement, either party must provide this notice at least sixty (60) calendar days prior to the expiration of the lease.
The landlord or the tenant may terminate a month-to-month tenancy by delivering the letter at least sixty (60) calendar days before the termination date.
How to Write an Eviction Notice in Delaware
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Delaware
In Delaware, an eviction notice takes effect the day after it is served. However, there is one exception, the Immediate Notice to Vacate, which is effective immediately.
For all other notices, weekends and legal holidays are not counted if the notice period is less than seven (7) days. If the notice period is seven (7) days or longer, then weekends and legal holidays are counted in the period.
Regardless of the notice period length, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day when the clerk’s office is open.
How to Serve an Eviction Notice in Delaware
A landlord can deliver eviction notices using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to someone of suitable age and discretion at the premises AND mailing the notice by certified/registered mail with a return receipt or first class mail with postage prepaid and a certificate of mailing;
- Posting the notice in a conspicuous place at the premises, such as the entry door AND mailing the notice by certified/registered mail with a return receipt or first class mail with postage prepaid and a certificate of mailing.
When sending the notice by first class, certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 25 DE Code § 5106
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Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
Source Link - 2 Delaware Court Rules of Civil Procedure - Rule 6 / DE Code § 5112
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Time/Computation. In computing any period of time prescribed or allowed by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included unless specifically included by statute, order or rule. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation.
Source Link - 3 70 Del. Laws, c. 513, § 1 / DE Code § 5113
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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.
- 4 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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