Legal Notice - Eviction

DELAWARE EVICTION NOTICE

Notice of Termination of Rental Agreement and Demand for Possession

Compliant with the Delaware Residential Landlord-Tenant Code
25 Del. C. Chapter 55

LANDLORD INFORMATION

Landlord Name: [________________________________]

Landlord Address: [________________________________]

City, State, ZIP: [________________________________] Delaware [____]

Telephone: [________________________________]

Email: [________________________________]

Property Manager / Agent (if applicable): [________________________________]

Landlord's Delaware Office Address (if different): [________________________________]

(Note: Under 25 Del. C. § 5501(d), if the landlord does not maintain an office or other permanent place for receipt of payments in the county where the unit is located, the agreed payment time is extended by 3 days beyond the due date.)

TENANT INFORMATION

Tenant Full Legal Name(s):

1. [________________________________]
2. [________________________________]
3. [________________________________]

And all other occupants, subtenants, and persons in possession of the Premises.

PREMISES INFORMATION

Property Address: [________________________________]

Unit/Apartment No.: [________________________________]

City: [________________________________] County: [________________________________]

State: Delaware ZIP: [____]

Lease/Rental Agreement Date: [__/__/____]

Monthly Rent Amount: $[________________________________]

Rent Due Date: [________________________________] of each month

Lease Type: ☐ Written Lease ☐ Oral Agreement ☐ Month-to-Month ☐ Fixed-Term

DATE AND SERVICE INFORMATION

Date of This Notice: [__/__/____]

Date of Service on Tenant: [__/__/____]

Cure/Compliance Deadline: [__/__/____]

Termination Date / Vacate Deadline: [__/__/____]

PART I: TYPE OF NOTICE

Select the applicable notice type. Check one box and complete the corresponding section in Part II.

☐ A. 5-Day Notice to Pay Rent or Quit -- Non-Payment of Rent
(25 Del. C. § 5502; the payment deadline must be not less than 5 days after notice is given or sent)

☐ B. 7-Day Notice to Cure or Vacate -- Material Lease Violation (Curable)
(25 Del. C. § 5513(a); tenant has 7 days to remedy the breach)

☐ C. 7-Day Unconditional Notice to Vacate -- Non-Curable or Repeat Violation
(25 Del. C. § 5513(b); no cure available)

☐ D. 7-Day Notice to Vacate -- Criminal Activity
(25 Del. C. § 5513(c); illegal activity on premises; no cure)

☐ E. 60-Day Notice to Terminate -- Month-to-Month Tenancy (No Cause)
(25 Del. C. § 5106; 60-day written notice to end a month-to-month tenancy)

☐ F. Holdover Notice -- Demand for Immediate Possession
(25 Del. C. § 5701 et seq. (summary possession); tenant remains after expiration of lease term)

PART II: DETAILED STATEMENT OF DEFAULT OR GROUNDS

Section A: Non-Payment of Rent (5-Day Notice)

Tenant has failed to pay rent as required under the Rental Agreement. The following amounts are past due:

Total Past-Due Rent: $[________________________________]

Late Fees (if authorized by Lease): $[________________________________]

Other Authorized Charges (itemize): $[________________________________]

Total Amount Required to Cure: $[________________________________]

NOTICE: Pursuant to 25 Del. C. § 5502, demand is made for payment of the total rent due. Unless payment is made by [__/__/____], a deadline not less than five days after this Notice is given or sent, the Rental Agreement will terminate. If Tenant remains in default, Landlord may thereafter bring a summary-possession action or another proper possession proceeding.

LATE-CHARGE AND PAYMENT-PLACE NOTE: Under § 5501(d), a lease-authorized late charge may not exceed 5% of monthly rent and may not be imposed within five days of the agreed payment time. If the landlord does not maintain an office or other permanent payment place in the county, the agreed payment time is extended three days beyond the due date. Section 5502(a) separately permits the written rent demand any time after rent is due, including before a late charge may be imposed.

Payment must be in: ☐ Cash ☐ Certified Funds ☐ Money Order ☐ Cashier's Check ☐ Other method permitted by the Lease: [________________________________]

Payment must be delivered to: [________________________________]

Section B: Material Lease Violation -- Curable (7-Day Notice)

Tenant has materially breached the Rental Agreement or Delaware law in the following manner:

Lease Provision(s) or Statute(s) Violated: [________________________________]

Description of Violation:

[________________________________]

[________________________________]

[________________________________]

Date(s) Violation Occurred or Was Discovered: [________________________________]

NOTICE: Pursuant to 25 Del. C. § 5513(a), Tenant has seven (7) calendar days after receipt of this Notice to fully remedy or correct the breach described above. The required corrective action is:

[________________________________]

If the breach is not fully cured within the 7-day period, the Rental Agreement will terminate and Landlord may file for summary possession without further notice.

Section C: Non-Curable or Repeat Violation (7-Day Unconditional Notice)

☐ Non-Curable Breach. Tenant has committed a breach that cannot be adequately remedied by repair, payment, or other corrective action:

[________________________________]

[________________________________]

☐ Repeat Violation. Tenant has committed a breach of the same type as a prior breach for which notice was given within the preceding [________________________________] months:

Description of Current Breach: [________________________________]

Description of Prior Breach: [________________________________]

Date of Prior Notice: [__/__/____]

NOTICE: Pursuant to 25 Del. C. § 5513(b), no cure is permitted. The Rental Agreement will terminate seven (7) calendar days after receipt of this Notice, on [__/__/____]. Tenant must vacate the Premises by 11:59 p.m. on that date.

Section D: Criminal Activity (7-Day Notice -- No Cure)

Tenant, or a person on the Premises with Tenant's consent, has engaged in illegal activity on or about the Premises, specifically:

[________________________________]

[________________________________]

Date(s) of Criminal Activity: [________________________________]

Police Report No. (if applicable): [________________________________]

NOTICE: Pursuant to 25 Del. C. § 5513(c), no cure is permitted. The Rental Agreement will terminate seven (7) calendar days after receipt of this Notice, on [__/__/____]. Tenant must vacate the Premises by 11:59 p.m. on that date.

Section E: Month-to-Month Tenancy Termination (60-Day Notice)

NOTICE: Pursuant to 25 Del. C. § 5106, Landlord hereby provides sixty (60) days' written notice that the month-to-month tenancy will terminate effective [__/__/____]. No cause is required for this termination.

Tenant must vacate and surrender the Premises by 11:59 p.m. on [__/__/____].

Section F: Holdover After Lease Expiration

The Lease expired on [__/__/____]. Tenant remains in possession without Landlord's written consent. Pursuant to 25 Del. C. § 5701 et seq., Tenant is holding over unlawfully and is subject to summary possession proceedings. Landlord demands immediate possession of the Premises.

Landlord may file for summary possession immediately without further notice and may recover holdover damages, including rent at up to double the rate specified in the expired Lease, as permitted by Delaware law.

PART III: SURRENDER OBLIGATIONS

Upon vacating the Premises, Tenant shall:

1. Remove all personal property, furnishings, and belongings;
2. Return all keys, access cards, garage door openers, and security devices to Landlord at: [________________________________];
3. Leave the Premises in a clean condition consistent with the Lease, ordinary wear and tear excepted;
4. Provide Landlord with a forwarding address for return of the security deposit pursuant to 25 Del. C. § 5514;
5. Disconnect or transfer all utilities in Tenant's name;
6. Remove all trash and debris from the Premises and any assigned storage areas.

Security Deposit Return: Under 25 Del. C. § 5514, Landlord must remit the security deposit balance owed within twenty (20) days after expiration or termination and must provide an itemized list of claimed property damage and estimated repair costs. A forwarding address should be provided in writing at or before termination; failure to provide one affects the Landlord's notice and double-damages liability but does not eliminate liability for the unused deposit.

PART IV: CONSEQUENCES OF FAILURE TO COMPLY

If Tenant fails to comply with this Notice within the time period specified, Landlord may:

1. File an action for summary possession in the Justice of the Peace Court for [________________________________] County, Delaware (25 Del. C. § 5701 et seq.);
2. Recover a judgment for possession of the Premises, all past-due rent, holdover damages, and court costs. A rental-agreement provision awarding attorney's fees to either party is unenforceable under 25 Del. C. § 5111;
3. Obtain a writ of possession to be executed by the constable, physically removing Tenant and Tenant's belongings from the Premises;
4. Pursue all other remedies available under the Rental Agreement and Delaware law.

SELF-HELP EVICTIONS ARE PROHIBITED. Under Delaware law, Landlord may not change locks, remove doors or windows, shut off utilities, or take any other action to force Tenant out without a court order. Violations may subject Landlord to liability for damages.

PART V: TENANT RIGHTS AND INFORMATION

1. Payment / Cure (Where Applicable). For nonpayment, § 5502(c) applies when the Tenant pays all rent due before an action is initiated and the Landlord accepts it without a written reservation of rights. Curable lease violations follow the separate requirements of § 5513(a).

2. Right to Contest. You have the right to appear in Justice of the Peace Court and contest the eviction. You may raise defenses including improper notice, retaliatory eviction, discrimination, uninhabitable conditions, and others.

3. Retaliatory Eviction Protections. Under 25 Del. C. § 5516, a landlord may not retaliate against a tenant who has complained about housing code violations, organized a tenant association, or exercised rights under Delaware law.

4. Habitability. Landlord is required to maintain the Premises in a habitable condition under 25 Del. C. § 5505. If the Premises has substantial defects affecting habitability, you may have defenses to eviction.

5. Legal Assistance. You have the right to consult an attorney. Contact:
   - Delaware Volunteer Legal Services: (302) 478-8680
   - Community Legal Aid Society (CLASI): (302) 575-0660
   - Legal Services Corporation of Delaware: (302) 575-0408
   - Delaware State Bar Association Lawyer Referral: (302) 658-5279

6. Domestic Violence Protections. Delaware law provides certain protections for victims of domestic violence, sexual assault, or stalking. If you believe you qualify, consult an attorney.

7. Subsidized Housing. If your rental unit is federally subsidized, additional federal notice requirements may apply. Contact your housing authority immediately.

PART VI: RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies under the Rental Agreement and Delaware law. Nothing in this Notice constitutes a waiver, election of remedies, acceptance of partial cure, or release of any guarantor. All rights are cumulative and not exclusive.

PART VII: GOVERNING LAW AND VENUE

Governing Law: This Notice is governed by the laws of the State of Delaware, including 25 Del. C. Chapter 55 (Residential Landlord-Tenant Code).

Venue: Any action for summary possession shall be filed in the Justice of the Peace Court for the county in which the Premises is located.

Jury Trial: Nothing herein waives either party's constitutional right to a jury trial.

PART VIII: METHOD OF SERVICE

This Notice was served on the Tenant by the following method(s):

☐ Personal delivery to Tenant at the Premises on [__/__/____] at [____] a.m./p.m.

☐ Personal delivery to a person of suitable age and discretion residing at the Premises, namely [________________________________], on [__/__/____].

☐ Certified mail, return receipt requested, to Tenant at the Premises. Date mailed: [__/__/____]. Tracking No.: [________________________________]

☐ Posting a true copy in a conspicuous place on the Premises AND mailing a true copy via first-class U.S. Mail, postage prepaid, to Tenant at the Premises address and last known address, on [__/__/____].

PART IX: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of this Notice upon the above-named Tenant(s) by the method(s) indicated in Part VIII above.

I am ☐ the Landlord ☐ the Landlord's authorized agent ☐ a person over the age of 18 and not a party to this matter.

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PART X: LANDLORD EXECUTION

Signature: _______________________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Entity Name (if applicable): [________________________________]

Date: [__/__/____]

PART XI: OPTIONAL TENANT ACKNOWLEDGMENT

(Tenant signature is not required but may serve as evidence of receipt.)

I, the undersigned, acknowledge receipt of this Notice on [__/__/____].

Tenant Signature: _______________________________________________

Printed Name: [________________________________]

PRACTICE NOTES FOR COUNSEL

1. Late Charge and Payment Place. Under § 5501(d), a lease-authorized late charge may not exceed 5% of monthly rent and may not be imposed within five days of the agreed payment time. If no office or permanent payment place is maintained in the county, that agreed payment time is extended three days. Section 5502(a) allows the written rent demand after rent is due, including before a late charge may be imposed.

2. Summary Possession Procedure. Delaware summary possession actions are filed in the Justice of the Peace Court (25 Del. C. § 5701 et seq.). The complaint must state the grounds for eviction and be accompanied by proof of the required notice.

3. Service of Notice. Delaware courts require strict compliance with service. Personal delivery is preferred. If service is by posting and mailing, document the date, time, and method thoroughly with photographs and mailing receipts.

4. Habitability Defense. Tenants frequently raise the defense that the landlord has failed to maintain the premises in habitable condition (25 Del. C. § 5505). Inspect the property and address any code violations before filing.

5. Security Deposit. Under 25 Del. C. § 5514, the one-month cap applies to terms of one year or more and, after the first year, to undefined or month-to-month primary-residence tenancies. The cap does not apply to furnished units. The deposit must be held in the required Delaware escrow account.

6. Manufactured Home Communities. Manufactured home community tenancies are governed by 25 Del. C. Chapter 70, which has different notice periods and grounds for eviction.

7. Federal Housing Programs. For Section 8 and other federally subsidized units, additional notice and "good cause" requirements apply under federal law.

8. 60-Day No-Cause Termination. Section 5106(d) governs month-to-month termination, with the 60-day period beginning on the first day of the month after actual notice. Section 5106(c) separately requires at least 60 days' notice before expiration to terminate a fixed-term agreement.

SOURCES AND REFERENCES

• 25 Del. C. § 5501 -- Rent; payment place; late charges
• 25 Del. C. § 5502 -- Termination for Non-Payment of Rent
• 25 Del. C. § 5505 -- Landlord Obligations (Habitability)
• 25 Del. C. § 5509 -- Tenant Obligations
• 25 Del. C. § 5510 -- Landlord Remedy for Tenant's Refusal of Access
• 25 Del. C. § 5513 -- Landlord Remedies Relating to Breach of Rules and Covenants by Tenant (Material Breach; Repeat Violations)
• 25 Del. C. § 5514 -- Security Deposit
• 25 Del. C. § 5515 -- Abandonment
• 25 Del. C. § 5516 -- Retaliatory Acts Prohibited
• 25 Del. C. § 5106 -- Term and Termination of Rental Agreement
• 25 Del. C. § 5701 et seq. -- Summary Possession Proceedings (Holdover)
• Delaware Justice of the Peace Court Rules
• Delaware Courts Landlord/Tenant Help: https://courts.delaware.gov/help/landlordtenant/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review and customization by a licensed Delaware attorney. Laws change frequently; verify all citations before use.