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Delaware Eviction Notice

Landlords issue a Delaware eviction notice as a legal document to inform tenants of lease violations, such as unpaid rent or other breaches of the rental agreement. Furthermore, this notice outlines the violation details, the timeframe for correction, and the potential legal consequences if the issue is not resolved.

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Delaware Eviction Notice

Delaware Eviction Notice

If tenants fail to address the violation, landlords may proceed with filing an eviction lawsuit in the local Justice of the Peace Court.

Types of Delaware Eviction Notices

Delaware law provides several types of eviction notices, each corresponding to specific grounds for eviction:

5-Day Notice to Quit (Non-Payment of Rent)

Landlords issue this notice when tenants fail to pay rent. Additionally, landlords can serve this notice the day after rent is due. The notice requires tenants to either pay the overdue rent or vacate the property within five judicial days. This excludes weekends and legal holidays (Del.C. § 5502).

7-Day Notice to Comply or Vacate (Non-Compliance)

Landlords use this notice for lease violations that tenants can correct. These violations include property damage or failure to maintain health and safety. Furthermore, tenants have seven calendar days to correct the violation or must vacate the premises (Del.C. § 5513).

7-Day Notice to Vacate (Repeat Lease Violation)

This notice applies to tenants who have repeated lease violations within a 12-month period. Additionally, it applies to tenants who have committed material breaches of local, state, or city codes. Tenants must vacate within seven calendar days without an opportunity to correct the violation.

60-Day Notice to Vacate

Landlords use this notice to terminate month-to-month leases or expired leases. Furthermore, landlords must provide at least sixty calendar days’ notice before termination (Del.C. § 5106).

Immediate Notice to Vacate

This notice applies when tenants have caused or threatened irreparable harm. Additionally, tenants must vacate immediately, with no opportunity for corrective action (Del.C. § 5513(b)).

Required Information

Delaware eviction notices must include the following essential elements:

  • Tenant Information: Full name and address of the tenant
  • Violation Details: Specific lease violation or balance due
  • Date of Termination: The date by which tenants must vacate or remedy the violation
  • Landlord Information: Printed name, signature, and address of the landlord
  • Delivery Method: Date and method of notice delivery, including printed name and signature

Tenant Rights Information

Additionally, eviction notices must inform tenants of their right to legal counsel. This is particularly important if tenants face eviction due to non-payment of rent.

Serving an Eviction Notice

Acceptable Service Methods

Landlords in Delaware may serve eviction notices using the following methods:

  • Hand Delivery: Directly to the tenant
  • Delivery to a Suitable Person: To someone of suitable age and discretion at the premises
  • Mail Delivery: By registered or certified mail, or first-class mail with a certificate of mailing
  • Posting: Posting the notice on the rental unit, along with delivery by a method that produces a return receipt or certificate of mailing

Mail Delivery Considerations

If landlords mail the notice, the notice period extends by three calendar days to account for delivery times.

Eviction Process Steps

Step 1: Written Notice

Landlords must provide written eviction notices to tenants.

Step 2: Filing a Complaint

If tenants do not comply with the notice, landlords may file a complaint with the Justice of the Peace Court. Additionally, this includes a filing fee of $45 (Del.C. § 5502 and § 5513).

Step 3: Court Hearing

Courts will set a trial date. Furthermore, both parties can present their cases.

Step 4: Court Judgment

If courts rule in favor of landlords, they may request a writ of possession to remove tenants.

Tenants in Delaware have the right to legal representation. This is especially important if their household income is below 200% of the federal poverty guidelines.

Landlord Notification Requirements

Landlords with more than three rental units must provide tenants with information about their right to legal counsel. Furthermore, they must provide this information when serving eviction notices.

Statutes

FAQs

Delaware offers several types of eviction notices, including the 5-Day Notice to Quit for non-payment of rent, the 7-Day Notice to Comply or Vacate for lease violations, the 7-Day Notice to Vacate for repeat violations, the Immediate Notice to Vacate for irreparable harm, and the 60-Day Notice to Vacate for terminating month-to-month leases. Each notice has specific grounds and timelines for compliance.

A tenant has five judicial days to either pay the overdue rent or vacate the property after receiving a 5-Day Notice to Quit for non-payment of rent. This period does not include weekends or legal holidays.

A Delaware eviction notice must include the tenant’s full name and address, details of the lease violation or reason for eviction, the date of termination, the landlord’s printed name and signature, and the method of delivery. Additionally, it must inform the tenant about their right to legal counsel.

If a tenant does not comply with the eviction notice by the specified deadline, the landlord can file a complaint for eviction with the local Justice of the Peace Court. The court will then set a hearing date to determine whether the eviction can proceed.

No, a landlord cannot evict a tenant without first providing a formal eviction notice. This notice is a legal requirement that informs the tenant of the violation and gives them a chance to remedy the situation before further legal action is taken.

In Delaware, an eviction notice can be served through hand delivery to the tenant, delivery to a suitable person at the premises, registered or certified mail, or by posting the notice on the rental unit along with another delivery method that provides proof of service.

Tenants in Delaware have the right to legal representation, especially if they meet certain income criteria. They also have the right to receive a disclosure about this right when served with an eviction notice, particularly if the landlord has more than three rental units.

The eviction process duration in Delaware can vary. After the notice period, if the tenant does not vacate, the court process can take an additional 1 to 3 months, depending on the circumstances and whether the tenant contests the eviction.