Notify tenant of intent to evict in Delaware: Delaware Eviction Notice
What we’ll cover
What is a Delaware Eviction Notice or Notice to Quit?
If you own or manage residential property in Delaware, you can create a Delaware Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Delaware Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Delaware can be used for residential property within the First State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Delaware Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Delaware Eviction Notice
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Complies with relevant laws
NOTICE TO PAY RENT OR QUIT
, Delaware
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Delaware
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A FIVE (5) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH DELAWARE RESIDENTIAL LANDLORD AND TENANT CODE § 5502.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF DELAWARE INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By:______________________________
| , , |
About Eviction Notices in Delaware
Learn about how to notify tenant of intent to evict in Delaware
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Different types and reasons for evictions in Delaware
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Delaware Notice to Pay Rent or Vacate”
5 days’ notice
Delaware Code § 5502(a)
Violation of lease or rental agreement
“Delaware Notice to Comply or Vacate”
7 days’ notice
Delaware Code § 5513(a)(1)
Termination of tenancy without cause
“Delaware Notice of Termination of Tenancy”
60 days’ notice
Delaware Code § 5106(c)
Termination of monthly tenancy without cause
“Delaware Notice of Termination of Tenancy”
60 days’ notice
Delaware Code § 5106(d)
Lease holdover
“Delaware Notice to Vacate”
Immediate
Delaware Code § 5515(b)
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Delaware
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
A landlord may start eviction proceedings if the tenant hasn't paid rent at least five days after the landlord has asked for the overdue payment. (25 Del. C. § 5502)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
If a tenant materially violates the rental agreement, the landlord must give them written notice and at least seven days to fix the problem. However, if the violation causes or threatens serious harm to people or property, or if the tenant is convicted of certain crimes, the landlord may immediately end the rental agreement and/or start eviction proceedings. (25 Del. C. § 5513)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
If there is no appeal against a judgment granting eviction, the landlord may immediately remove and store – at the tenant's expense – the tenant's belongings that were left behind. Seven days after the appeal period ends, the landlord may consider the property abandoned and dispose of it without any further notice or liability. (25 Del. C. § 5507(e))
TENANT PROTECTION REGARDING FORECLOSURES
No statute.
MORE RELEVANT LAWS
25 Del. C. §§ 5501 through 5719.
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How to write a Delaware Eviction Notice
Below is a list of details you may need when preparing a Delaware Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Delaware, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a Delaware Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Delaware: what happens after making an Eviction Notice?
Now that you have made your Delaware Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Hire a process server.
- Send it by certified mail.
- Deliver the notice personally.
Please remember that "self-help" or "DIY" evictions are illegal in Delaware. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Action for Summary Possession.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Delaware website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Delaware Eviction Notice FAQs
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Do I need an Eviction Notice in Delaware?
Generally speaking, yes, if you wish to remove a tenant from your Delaware rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Delaware eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Delaware?
While you can choose to make a Delaware Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Delaware eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Delaware, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Delaware – or anywhere else – to any tenant.
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How do I create a Delaware Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Delaware Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Delaware Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Delaware Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Delaware?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Delaware eviction process from beginning to end?
The duration of the eviction process for Delaware tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Delaware notice periods to get you started:
- Non-payment of rent: 5-day notice.
- Non-compliance with rental agreement: 7-day notice.
- No fault of tenant: 60-day notice.
If the tenant decides to leave before the notice period ends – which is common – the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take from 1 to 3 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Delaware?
After making a Delaware Eviction Notice, the next step is to serve it. You may read more about the eviction process in Delaware and everything that follows here.
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What happens after the given notice period is over in Delaware?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Action for Summary Possession.
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