Delaware Notice to Vacate

A compliant written notice to terminate or vacate under Title 25 Del. C. § 5106 and related provisions of the Delaware Landlord-Tenant Code. For month-to-month tenancies, either party must give a minimum of 60 days' written notice. Week-to-week tenancies require 7 days' notice. For nonpayment of rent, a 5-day Pay-or-Quit notice under § 5502 applies instead of or in addition to a termination notice. Delaware does not impose a statewide just-cause eviction requirement for most private residential tenancies (as of 2026). This notice must be properly served; it is not a court order.

NOTICE TYPE SELECTION GUIDE

Choose the correct notice type. Using the wrong period or form may require re-service and delay termination.

> COMPUTING DEADLINES: The 60-day period for month-to-month begins on the first day of the month following the day actual notice is given. Do not count the day of service. For certified mail service, add reasonable delivery time. Always state the exact vacate date.

NOTICE TO VACATE OR TERMINATE TENANCY

Date of Notice: [[Date of Notice]]

FROM (SENDING PARTY, LANDLORD OR TENANT):
[[Sender Full Legal Name(s)]]
[[Sender Mailing Address]]
[[Sender City, Delaware [[ZIP]]]]
Phone: [[Sender Phone]]
Email: [[Sender Email]]

TO (RECEIVING PARTY):
[[Recipient Full Legal Name(s)]]
[[Recipient Mailing Address if different from Premises]]

RE: Premises Located At:
[[Street Address, Unit Number]]
[[City]], Delaware [[ZIP Code]]
(the "Premises")

Tenancy Start Date (approximate): [[Tenancy Commencement Date]], -

SELECTED NOTICE TYPE (COMPLETE ONLY ONE)

#### OPTION A, 60-DAY NOTICE OF TERMINATION (MONTH-TO-MONTH TENANCY), 25 Del. C. § 5106

This notice terminates the month-to-month rental agreement for the Premises.

You must vacate and surrender possession of the Premises, returning all keys, access devices, remote controls, and other Landlord property, no later than 11:59 p.m. on [[Vacate Date, at least 60 days from the first day of the month following service]].

Reason for termination (optional for landlord in Delaware): [[No cause / Lease expiration / Other non-breach reason, e.g., "Owner intends to occupy the Premises" or "Sale of property"]].

All rent and other sums due under the tenancy through the vacate date remain due and payable. The security deposit will be accounted for within 20 days after vacating per 25 Del. C. § 5514 (or lease terms), subject to lawful deductions.

#### OPTION B, 7-DAY NOTICE OF TERMINATION (WEEK-TO-WEEK TENANCY)

This notice terminates the week-to-week rental agreement.

You must vacate the Premises by 11:59 p.m. on [[Vacate Date, at least 7 days after service]].

#### OPTION C, TENANT'S NOTICE TO LANDLORD (60-DAY OR 7-DAY)

Tenant hereby gives notice to terminate the [[month-to-month / week-to-week]] tenancy effective [[Vacate Date]]. Tenant will vacate on or before that date and return all keys and property.

#### OPTION D, 5-DAY NOTICE TO QUIT AFTER PRIOR TERMINATION OR FOR HOLDOVER

You remain in possession after the expiration or proper termination of your tenancy. You must vacate the Premises within five (5) days after service of this notice or the Landlord will pursue summary possession in the Justice of the Peace Court.

Prior Termination Date (if applicable): [[Date]], -

PARTY NAMES, PROPERTY ADDRESS, AND VACATE DATE (ALL NOTICES)

Landlord: [[Landlord Full Legal Name(s)]]

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

Property Address: [[Full Street Address, City, Delaware, ZIP]]

Specific vacate / surrender date and time: [[Exact Vacate Date and Time, e.g., 11:59 p.m. on Month DD, YYYY]]

REASON FOR TERMINATION (WHEN REQUIRED OR HELPFUL)

[[State specific reason if this is a cause-based notice, e.g., "Repeated late payment of rent after prior warnings" or "Material breach of lease, unauthorized occupants not cured." For pure no-cause month-to-month terminations in Delaware, a reason is not required by statute.]]

METHOD OF SERVICE

This notice is being served by:

☐ Personal delivery to the recipient on [[Date/Time/Location]].

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

☐ Certified mail, return receipt requested, mailed on [[Date]].

☐ Other lawful method: [[Describe]].

Proof of Service

I certify under penalty of perjury that the foregoing notice was served as indicated on [[Date of Service]].

Server Signature: _______________________________ Printed Name: [[Server Full Name]], -

ADDITIONAL TERMS

1. All personal property remaining after the vacate date may be disposed of only as permitted by Delaware law after any required notice.

2. Forwarding address for security deposit accounting and final statements: [[Tenant Forwarding Address or "To be provided in writing upon vacating"]].

3. Tenant remains responsible for rent, utilities, and other obligations through the vacate date or until actual surrender and acceptance, whichever is later.

DETAILED INSTRUCTIONS FOR PREPARING AND SERVING THIS NOTICE

1. Confirm the tenancy type (month-to-month, week-to-week, or fixed term that has converted). Review the lease or rental agreement and any prior notices.

2. Calculate the exact vacate date using the rules in § 5106. For month-to-month, the 60-day clock starts the first day of the month after actual notice is received.

3. Use precise party names as they appear on the lease. Include all adult tenants and "all other occupants."

4. State a specific calendar date and time for vacating (e.g., "on or before 11:59 p.m. on July 31, 2026").

5. If this notice follows a prior termination or is for holdover, reference the prior notice date and method.

6. Choose and document the method of service carefully. Personal delivery is strongest. When using posting + mail, photograph the posted notice and keep the certified mail receipt.

7. Retain a signed copy of the notice together with proof of service for court filing.

8. If the tenant is protected under the Servicemembers Civil Relief Act or other federal programs, additional steps or longer periods may apply.

9. After the notice period expires, if the tenant has not vacated, file the appropriate action in the Justice of the Peace Court having jurisdiction over the property location. Bring this notice, proof of service, the lease, and a ledger of any amounts owed.

10. A judgment for possession from the Court is required before a constable or sheriff may remove the tenant or the tenant's belongings.

CONSEQUENCES OF FAILURE TO VACATE

If the recipient remains in possession after the stated vacate date without the sending party's written consent, the sending party may commence summary possession proceedings. The Court may award possession, unpaid rent through the date of actual vacation, court costs, and such other relief as the law permits. The tenant may raise defenses at the hearing, including improper notice or improper service.

EXHIBITS (ATTACH AS NEEDED)

• Exhibit A, Copy of current lease or rental agreement (relevant pages)
• Exhibit B, Prior notices or correspondence (if this notice follows earlier communications)
• Exhibit C, Photos or other evidence supporting any stated reason (for cause-based notices)
• Exhibit D, Calculation worksheet for 60-day or 7-day period

CHECKLIST BEFORE SERVICE

• [ ] Correct notice type selected for the tenancy and reason
• [ ] All party names match the lease exactly
• [ ] Property address is complete and accurate
• [ ] Vacate date is correctly computed under § 5106
• [ ] Reason stated (if required or used)
• [ ] Service method selected and documented
• [ ] Proof of service section ready to complete at time of service
• [ ] Copy retained for records and court
• [ ] Any required disclosures for special tenancies reviewed, -

*Sample template for Delaware, not legal advice. 60-day notice for month-to-month tenancies is required by 25 Del. C. § 5106. Delaware does not have a statewide just-cause eviction statute for most tenancies (confirm any local ordinances or subsidized housing rules). For nonpayment or breach, use the corresponding 5-day or cure notices and file in Justice of the Peace Court. Verify current law and serve properly. References current as of 2026-06.*