Make a Delaware Eviction Notice

What are the Components of a Delaware Eviction Notice?

There are two general types of Delaware eviction notices. Both require the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

• A specific disclosure that reads “YOU ARE FURTHER NOTIFIED THAT, the owner/landlord does hereby elect to declare that forfeiture of your lease or rental agreement under which you hold possession of the above described premises if you fail to perform or otherwise comply, will institute legal proceedings to recover rent and possession of said premises which would result in a judgment against you including costs and necessary disbursements together with possible statutory damages as allowed by law for such unlawful detention.”

Also known as a Notice to Quit, the number of days given to the tenant to correct the violation or vacate the property depends on the reason the notice was issued. They also have their own additional components.

Delaware 5-Day Notice to Quit for Non-Payment of Rent

A 5-day notice to quit for non-payment of rent is a Delaware eviction notice used when a tenant doesn’t pay their rent on-time. It gives the tenant 5 days from the date the notice is issued to pay their rent. If the landlord has late fees included in the lease agreement, the late fee amount should be mentioned (as well as the rent due). Landlords may not begin charging late fees until the tenant is at least five days past due on their rent under Title 25 § 5501(d). This eviction notice inform the tenant of:

• The amount that they must pay
• How they may pay it
• Where they  must pay it
• The date by which they must pay it or vacate the property.

Delaware 7-Day Notice to Quit for Curable Non-Compliance

A 7-day notice to quit for non-compliance is used for all other lease violations. It gives the tenant 7 days to correct the issue or vacate the property. This Delaware eviction notice must:

• Specifically explain the violation that occurred and inform the tenant that if the violation isn’t corrected, they will have to vacate the premises
• The date by which they must correct the violation or vacate the premises.  

The landlord is allowed to offer their help to correct the breach and they may also bill the tenant for the cost of the correction. The cost can be added as part of the rent to make it easier for the tenant to pay or they may bill the entire amount and request immediate payment. All 7-day notices of this nature must comply with Title 25 § 5513.

Delaware Lease Termination Letter – 60 Day Notice

A 60-day notice to quit is used to terminate a month-to-month tenancy. It’s not technically an eviction notice. It gives written notice to the tenant that their month-to-month tenancy will not be renewed. Under Delaware law, landlords must give tenants at least 60 days’ notice.

Service of a Delaware Eviction Notice

According to 25 Del C. § 5706, service may take place in the following ways and in the following order of attempt:

• The constable handling the service of eviction notices will first attempt to serve the tenant or leave the eviction notice with someone of suitable age who lives in the rental unit
• The notice may be noticed in a conspicuous area, such as the front door, and then sent via first-class mail along with a certificate of mailing to the rental address along with any other address known for the tenant where it is likely they may receive the notice.

What are the Legal Considerations of a Delaware Eviction Notice?

Let’s talk about some things you should know about Delaware eviction notices. The first thing to keep in mind is that a landlord must have the tenant legally served. This is important because an eviction notice must be served if the landlord plans to file a lawsuit against the tenant.

Not all evictions are legal. Landlords may not evict tenants because the tenant reported the landlord or the property because of code violations or for discriminatory reasons. Landlords may not rely on “self-help” eviction methods. This means that they cannot turn off the utilities, change the locks, or remove the tenant’s personal property from the home until they have a court order from the court.

If a landlord does not follow Delaware landlord-tenant law for the creation and service of their eviction notices, they can be subject to a lawsuit from the tenant. They can also be sued by the tenant if the landlord engages in illegal eviction practices as discussed in the previous paragraph.

Eviction Information for Delaware Tenants

If you’re served with a Delaware eviction notice, read it carefully. Determine why you’re being evicted. It should list how many days you have to correct the problem (5 days for non-payment of rent and 7 days for other lease violations). If it is property damage and it was accidental, talk to your landlord. They may pay to have it fixed and allow you to pay them back and remain on the property.

Call your landlord or the property management company if you have questions about the notice. Of course, not all eviction notices are legal. If you believe the eviction is illegal in some way, contact a landlord-tenant lawyer. Some law schools provide legal clinics that may be able to provide you with free or low-cost legal representation if you meet their criteria. You may also want to look for legal aid offices in your area if you cannot afford a lawyer. Some lawyers do provide free initial consultations. If you do have a case against the landlord for illegal eviction, an attorney may be willing to take the case on a contingency fee.

Eviction Information for Delaware Landlords

Delaware landlords must comply with landlord-tenant laws. This includes writing and serving an eviction notice. If a landlord doesn’t or if they elect to resort to the “self-help” measures described under Legal Considerations, they could open themselves up to a lawsuit. If you’re a landlord and you have a question about Delaware eviction notices, contact an experienced Delaware landlord-tenant lawyer.