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
|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 remedy by paying 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 lease violations. Some 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 cure 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 remedy 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.