Delaware Immediate Notice to Vacate

Last Updated: September 2, 2022 by Marnie Snyder

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 cure 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 has no written lease or to terminate any other type of tenancy.

How to Write a Delaware Immediate Notice to Vacate

The Immediate Notice to Vacate form shall be completed as follows:

  1. Write all adult tenants’ names (do not include minors);
  2. Fill in the complete address of the rental premises;
  3. Specify the incurable breach;
  4. Include any balance due, if applicable;
  5. Include the date the notice is served;
  6. Landlord prints their name and signs the notice;
  7. 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:

  1. Handing the notice to the tenant in person;
  2. 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;
  3. 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.

Sources