A Delaware lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 60 days in advance.
Types of Delaware Lease Termination Notice Forms
| Notice Form | Lease Type |
| 45 Day Notice To Vacate | Non-Renewal of Lease |
| 60 Day Notice To Vacate | Written Lease / No Lease |
Delaware 45 Day Notice To Vacate
A Delaware 45 Day Notice To Vacate indicates non-renewal of a lease, in most cases. After receiving a request to renew the lease from a landlord, a tenant who does not wish to continue the lease may use this notice to terminate the tenancy. The landlord must receive notice at least forty-five (45) calendar days before the lease expires.
Delaware 60 Day Notice To Vacate
A Delaware 60 Day Notice To Vacate terminates any rental agreement, including a month-to-month lease or an expired lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
How To Write a Lease Termination Notice in Delaware
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- 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 Calculate Expiration Date in Delaware
The “clock” for a lease termination notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Delaware
Delaware landlords and tenants may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age and discretion on the property who can accept the notice on behalf of the other party
- 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 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 DE Code § 5107
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If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect.
(b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant’s intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect.
Source Link - 3 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. - 4 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
