Free Delaware Eviction Notice Forms

It’s necessary to provide the correct type of Delaware eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.

You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under DE statutes. This will also affect how long you must give the resident as notice before they have to leave the property. 

As seen below, there are a few different options in Delaware when completing an eviction.

5-Day Notice to Quit (Non-Payment)

If the tenant fails to pay rent, you can serve them with a 5-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 5 days (Del.C. § 5502) Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court. 

7-Day Notice to Quit (Non-Compliance)

In the case of a lease violation, the landlord may issue a 7-Day Notice to Quit for Non-Compliance. This will often give the tenant 7 days to correct the breach before they will be obliged to leave the property (Del.C. § 5513). 

However, unconditional 7-Day Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.  

60-Day Notice to Quit (Month-to-Month)

60 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 60 days or face a legal challenge (Del.C. § 5106).

Immediate Notice to Quit (Irreparable Harm)

If a tenant has caused irreparable harm to any person or property, this notice can be used.

If they refuse to vacate the property, the landlord will be able to pursue the matter further through the courts (Del.C. § 5513(b)).

Your DE eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.

An eviction in Delaware may only happen in the case of:

• Non-payment of rent: 5 days’ notice (Del.C. § 5502)
• Lease violations: 7 days’ notice (Del. C. § 5513)
• Termination of a lease (month-to-month): 60 days’ notice (Del. C.§ 5106)
• Irreparable harm: immediate eviction (Del. C. § 5513(b))

The DE eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.

There are a number of crucial steps to follow when evicting a tenant in Delaware. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property. 

To successfully evict your tenant in DE with an eviction notice, you’ll need to do the following: 

1. Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
2. The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.
3. Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
4. The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Possession.

When the Writ of Possession has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.

Before starting your own Delaware eviction notice, it can help to see what a real sample of this legal document looks like. Find out how an eviction notice should appear on paper with our template example below.