A Delaware lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 60 days notice must be provided before the tenancy can end.
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 form is typically prepared by the tenant and served to the landlord for the non-renewal of a lease. After receiving a notice to renew the lease from the landlord, if the tenant decides not to renew or accept amended lease provisions, the tenant may use this notice to terminate the tenancy. The notice must be delivered to the landlord at least forty five (45) calendar days prior to the expiration of the lease.
Delaware 60 Day Notice to Vacate
A Delaware 60 Day Notice to Vacate form is a lease termination letter used by either party to end any tenancy, regardless of rent payment frequency. The landlord or the tenant may provide this lease termination letter 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. Either party must deliver this letter at least sixty (60) calendar days prior to the termination date set forth in the notice.
How to Write a Lease Termination Notice in Delaware
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Calculate Expiration Date in Delaware
To terminate any tenancy, including a month-to-month lease, either party may serve the 60 Day Notice to Vacate at least sixty (60) calendar days before the termination date or expiration of the lease. The 60 calendar day period shall begin on the first day of the month following the day of actual notice.
If a tenant receives a notice from the landlord to renew their lease and the tenant does not wish to renew the lease or does not accept amended lease provisions, the tenant may use a 45 Day Notice to Vacate to terminate the tenancy. The notice must be provided at least forty five (45) calendar days prior to the expiration of the lease.
How to Serve a Lease Termination Notice in Delaware
A landlord or a tenant may deliver lease termination notices in Delaware using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the legal letter on behalf of the other party;
- Mailing the notice by first class with a certificate of mailing or via certified or registered mail with a return receipt.
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.
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 70 Del. Laws, c. 513, § 1 / DE Code § 5113
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Source Link§ 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.
- 4 Delaware Court Rules of Civil Procedure - Rule 6
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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.
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