If you are a landlord, an eviction notice is an essential legal instrument you need to prepare with care. Customize your own DE eviction notice with our step-by-step template designer.
Last Update June 11th, 2022
- Delaware Eviction Notice Types
- Delaware Eviction Laws
- Delaware Eviction Process
- Eviction Notice Sample
- FAQs About Delaware Eviction Notices
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Delaware Eviction Notice Types
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)) .
Delaware Eviction Laws
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.
Delaware Eviction Process
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:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
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.
Eviction Notice Sample
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.
FAQs About Delaware Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Delaware’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Delaware?
To successfully evict a tenant in DE state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Many Days Notice Does a Landlord Need to Give in Delaware?
The notice period a landlord needs to give in Delaware always depends on their reason to evict. When a DE eviction notice is served, it must provide the correct duration for the infraction, or it won’t be valid. This can be as few as 5 days for a missed rental payment and up to 60 days when terminating a lease.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Delaware eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.