Delaware Eviction Notice

A legally compliant eviction notice under Title 25 of the Delaware Code, Chapter 55 (Landlord Remedies for Failure to Pay Rent) and related provisions. This notice kit includes the correct statutory form for non-payment of rent (5-day Pay-or-Quit under § 5502), material breach of lease (Cure-or-Quit with reasonable time under § 5513), and unconditional quit for repeat violations or certain criminal activity. Proper service and court filing with the Justice of the Peace Court are required to obtain possession; this notice alone does not remove the tenant.

NOTICE TYPE SELECTION GUIDE

Select only one notice form that matches the grounds. Serving an incorrect form may delay or invalidate the eviction process.

> PROHIBITED, SELF-HELP EVICTION: Delaware law prohibits landlords from changing locks, shutting off utilities, removing tenant property, or using force to regain possession without a court order. Doing so may result in liability for damages and penalties. After service of this notice and expiration of the cure period without compliance, the landlord must file a summary possession action in the Justice of the Peace Court to obtain an order for possession.

FORM 1, 5-DAY NOTICE TO PAY RENT OR QUIT

Pursuant to 25 Del. C. § 5502, -

DATE OF NOTICE: [[Date of Notice]]

TO (TENANT NAME(S) AND ALL OCCUPANTS):
[[Tenant 1 Full Legal Name]]
[[Tenant 2 Full Legal Name (if applicable)]]
[[Tenant 3 Full Legal Name (if applicable)]]

RESIDENTIAL PREMISES:
[[Street Address, Unit/Apt Number]]
[[City]], Delaware [[ZIP Code]]
(the "Premises")

FROM (LANDLORD OR AUTHORIZED AGENT):
Name: [[Landlord or Property Manager Full Legal Name]]
Address for notices: [[Landlord Mailing Address, City, DE, ZIP]]
Phone: [[Landlord Phone]]
Email: [[Landlord Email]], -

NOTICE OF TERMINATION FOR NON-PAYMENT OF RENT

YOU ARE HEREBY NOTIFIED that rent for the Premises is past due. Unless you pay the full amount of rent owing as itemized below within five (5) days after service of this notice (the "Deadline"), your rental agreement will terminate and you must vacate the Premises.

Deadline Date: [[Deadline Date, exactly 5 calendar days after date of service, computed per Delaware rules excluding the day of service]]

ITEMIZED RENT ARREARS (RENT ONLY)

Only unpaid rent is demanded for cure under this notice. Late fees, damages, utilities, or other charges are not included in the cure amount.

Total rent arrears demanded to cure: $[[Total Rent Arrears]]

DEMAND

YOU MUST, ON OR BEFORE THE DEADLINE DATE, EITHER:

1. Pay the total rent arrears of $[[Total Rent Arrears]] in full to the Landlord using one of the following methods: [[e.g., certified check/money order to [[Landlord Name]] at [[address]]; electronic funds transfer to [[account details]]; in person during business hours]].

2. Vacate the Premises and return all keys, access devices, remote controls, and other property of the Landlord.

If you pay the full rent arrears before the Deadline, this notice is of no effect and your tenancy continues.

CONSEQUENCES OF NON-COMPLIANCE

If you neither pay the full rent arrears nor vacate by the Deadline, the Landlord will file an action for summary possession in the Justice of the Peace Court of the appropriate county. The Court may issue an order requiring you to vacate and may award the Landlord a judgment for unpaid rent, costs, and other relief permitted by law.

PARTIAL PAYMENTS: Acceptance of any partial payment does not waive this notice or the Landlord's right to proceed unless the Landlord confirms in writing that all rent has been paid in full., -

SIGNED:

Signature: ________________________________________

Printed Name: [[Landlord or Agent Full Name]]

Capacity: ☐ Landlord ☐ Authorized Agent

Date: [[Date Signed]]

METHOD OF SERVICE AND PROOF OF SERVICE

This notice was served on the Tenant(s) by (check all that apply and complete):

☐ Personal delivery to [[Tenant Name]] on [[Date/Time]] at [[Location on Premises or elsewhere]].

☐ Posting a true copy in a conspicuous place on the Premises on [[Date]] and mailing a copy by first-class mail (postage prepaid) to the Tenant at the Premises on [[Date]].

☐ Other method permitted by law or lease: [[Describe]].

Certificate of Service

I certify that on [[Date of Service]], I served the above notice as indicated.

Server Signature: ________________________________

Printed Name: [[Server Name]]

FORM 2, CURE-OR-QUIT NOTICE FOR LEASE VIOLATION (MATERIAL BREACH)

Pursuant to 25 Del. C. § 5513 (reasonable time to cure), -

DATE OF NOTICE: [[Date of Notice]]

TO (TENANT NAME(S)): [[Tenant Full Legal Name(s)]]

PREMISES: [[Full Property Address, City, DE ZIP]]

LANDLORD/AGENT: [[Landlord Full Name and Contact]]

NOTICE OF MATERIAL BREACH AND OPPORTUNITY TO CURE

You have breached a material term of your lease/rental agreement dated [[Lease Date]].

Description of the Breach (specific facts):

[[Detailed description, e.g., "On or about [[Date]], you kept an unauthorized pet (a dog) at the Premises in violation of Paragraph [[X]] of the lease which prohibits pets without prior written consent. The Landlord has not granted consent. Evidence: photographs dated [[Date]], attached as Exhibit A; neighbor complaint dated [[Date]]."]]

Lease Provision Breached:

[[Quote or accurately paraphrase the exact lease clause violated.]]

Cure Required:

To cure, you must [[precise action, e.g., "permanently remove the pet from the Premises and provide the Landlord with written confirmation signed by all tenants that the pet has been removed and will not be returned"]] on or before [[Cure Deadline, reasonable period after service, e.g., 7 days from date of service]].

Deadline Date: [[Cure/ Termination Date]]

If you fail to cure the breach exactly as described by the Deadline, your tenancy will terminate and you must vacate the Premises.

CONSEQUENCES

If the breach is not cured by the Deadline, the Landlord may proceed with a summary possession action in the Justice of the Peace Court without further notice.

Repeat Violations: If you cure this breach and then commit the same or substantially similar breach within six (6) months, the Landlord may issue a notice without opportunity to cure., -

SIGNED: (same signature block as Form 1)

FORM 3, UNCONDITIONAL QUIT NOTICE (REPEAT VIOLATION OR CRIMINAL ACTIVITY)

Pursuant to 25 Del. C. § 5513 and applicable law, -

DATE OF NOTICE: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]

PREMISES: [[Address]]

You are notified that your tenancy is terminated effective [[Termination Date, 5 days or shorter period permitted for safety]] because:

[[Specific grounds, e.g., "You committed the same material breach (unauthorized occupants) within 6 months after curing a prior notice dated [[Prior Date]]" OR "You engaged in criminal activity on the Premises on [[Date]] consisting of [[describe qualifying activity]] creating an immediate threat to health or safety."]]

You must vacate the Premises and return all keys and access devices by the Termination Date. No right to cure is provided for this notice.

If you remain after the Termination Date, the Landlord will file for summary possession in the Justice of the Peace Court.

SIGNED: (same block)

GENERAL PROOF OF SERVICE AND FILING NOTES

• Service must be made in a manner reasonably calculated to give actual notice (personal delivery preferred; posting + mailing commonly used when personal delivery not possible).
• Keep detailed records of service (who, when, how, witnesses, photos of posting).
• After the notice period expires without cure or vacation, file the appropriate complaint (e.g., Landlord-Tenant Complaint for Summary Possession) in the Justice of the Peace Court for the county where the Premises are located.
• Bring the original notice, proof of service, lease, payment records, and any photographs or other evidence to the hearing.
• A judgment for possession does not automatically remove the tenant; a writ of possession may be needed and is executed by a constable or sheriff.

ADDITIONAL REQUIRED DISCLOSURES (IF APPLICABLE)

• If the tenant is a servicemember, additional protections under the Servicemembers Civil Relief Act may apply.
• Certain local ordinances or federal programs (Section 8, etc.) may impose additional notice or just-cause requirements, verify before serving., -

*Sample template for Delaware, not legal advice. Statutory provisions are from Title 25 Del. C. as of 2026-06. Notice periods, service methods, and court procedures must be followed exactly. Court filing is required to complete eviction. Consult an attorney licensed in Delaware and verify current statutes and any local rules before use. This notice does not constitute a court order.*