A Delaware Immediate Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant who causes or threatens irreparable harm on the premises. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use a Delaware Immediate Notice To Vacate
A Delaware Immediate Notice To Vacate begins the eviction process for the following tenant violations:
- Threats to cause irreparable harm to a person or the premises
- Conviction of a Class A Misdemeanor or Felony for causing or threatening to cause irreparable harm
Some types of Delaware lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Delaware Immediate Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which tenancy will terminate
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Delaware Immediate Notice To Vacate
Delaware landlords may deliver a Notice To Vacate on a “judicial day” (a day when a courthouse is open), in order to file an eviction proceeding in court on the same day, but this is not a legal requirement. Notice may be delivered using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion on the premises who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, or by first class mail with a certificate of mailing
- Posting the notice on the rental unit, PLUS delivery by a method which produces a return receipt or certificate of mailing
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 70 Del. Laws, c. 513, § 3
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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 Del. Code tit. 25 § 5113
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(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 Del. R. Civ. P. Super. Ct. 6(e)
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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.Source Link