Delaware Lease Termination Notice Forms

Last Updated: September 2, 2022 by Marnie Snyder

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

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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

Download: PDF | Word

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:

  1. State who the legal letter is addressed to (use full name of the receiving party).
  2. Include the termination date of the lease or tenancy.
  3. Fill in the full address of the rental premises.
  4. For tenants, provide your new address and an updated phone number.
  5. Sign the notice and print your name.
  6. For landlords, include contact information, such as address and phone number.
  7. 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:

  1. Handing the notice to the other party in person;
  2. Handing the notice to a person who can accept the legal letter on behalf of the other party;
  3. 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.

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