A Delaware Immediate Notice to Vacate is an official eviction letter written by the landlord and provided to the tenant for causing or threatening to cause irreparable harm on the premises. There is no option to fix the violation and the tenant must move out of the rental unit immediately.
When to Use a Delaware Immediate Notice to Vacate
Use an Immediate Notice to Vacate to begin the eviction process in Delaware:
- If the tenant threatened to cause irreparable harm to a person or the property.
- If the tenant is convicted of a Class A Misdemeanor or Felony for causing or threatening to cause irreparable harm at the premises.
If neither 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 Comply or Vacate – If the tenant committed a health/safety violation, damaged the property, interfered with peace, refused the landlord access to the premises, violated the rules with too many people living at the premises or any other type of lease violation.
- 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.
- 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 Immediate Notice to Vacate
The Immediate Notice to 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 incurable breach;
- Include any balance due, if applicable;
- 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 Immediate Notice to Vacate
Landlords may choose to deliver the immediate notice to vacate on a day when the courthouse is open so that an eviction proceeding can be filed for immediately on the same day, but this is not required by law. A landlord can serve this notice 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 or registered mail, add three (3) additional calendar days to the notice period to account for variability of post office delivery times.
- 1 70 Del. Laws, c. 513, § 3
When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm to any person or property, the landlord may, without notice, remedy the breach and bill the tenant as provided in subsection (a) of this section; immediately terminate the rental agreement upon notice to the tenant and bring an action for summary possession; or do both.
Upon notice to tenant, the landlord may bring an action or proceeding for waste or for breach of contract for damages suffered by the tenant’s wilful or negligent failure to comply with tenant’s responsibilities under the preceding section. The landlord may request a forthwith summons.Source Link
- 2 70 Del. Laws, c. 513, § 1
§ 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
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.Source Link