NOTICE TO TENANT(S)
NOTE TO LANDLORD: Select the correct notice type below. Using the wrong notice type or period can result in dismissal of an eviction action in the Court of Common Pleas (Summary Possession). Consult a Delaware attorney for complex situations.
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## NOTICE TYPE SELECTION - SELECT ONE
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NOTICE TYPE 1 - 5-DAY NOTICE TO QUIT FOR NON-PAYMENT OF RENT
(25 Del. C. § 5502; Summary Possession action available after expiry)
TO: [[Tenant Full Legal Name(s)]]
AND ALL PERSONS IN POSSESSION OF:
[[Full Property Address, Unit/Apt No., City, Delaware, ZIP Code]] (the "Premises")
FROM: [[Landlord Full Legal Name or Property Management Company Name]]
DATE OF NOTICE: [[Date of Service]]
PLEASE TAKE NOTICE that you are in default in the payment of rent due under your lease or rental agreement for the Premises described above.
RENT NOW DUE AND OWING:
| Month/Period | Amount |
|---|---|
| [[Rental Period 1, e.g., June 2026]] | $[[Amount]] |
| [[Rental Period 2]] | $[[Amount]] |
| TOTAL PAST-DUE RENT | $[[Total Amount]] |
Important: This notice demands payment of past-due rent only. Late fees, attorney's fees, utility charges, and other amounts are NOT included in this demand and may not be included in a 5-Day Notice under Delaware law (25 Del. C. § 5502).
DEMAND: Within five (5) days from the service of this notice (not counting the day of service), you must either:
1. PAY IN FULL the total past-due rent of $[[Total Amount]] to: [[Landlord Name, Payment Address, and Acceptable Payment Methods]]; OR
- VACATE AND SURRENDER possession of the Premises.
IF YOU FAIL TO PAY IN FULL OR VACATE within five (5) days, Landlord will commence an action for Summary Possession in the Court of Common Pleas of the State of Delaware, [[County]] County, pursuant to 10 Del. C. § 9701 et seq., to recover possession of the Premises, recover all unpaid rent plus court costs, and may seek a money judgment for damages.
NOTICE TYPE 2 - 7-DAY NOTICE TO QUIT OR CURE FOR LEASE VIOLATION
(25 Del. C. § 5513 - material breach other than non-payment)
TO: [[Tenant Full Legal Name(s)]]
AND ALL PERSONS IN POSSESSION OF:
[[Full Property Address, Unit/Apt No., City, Delaware, ZIP Code]]
FROM: [[Landlord Full Legal Name or Company]]
DATE OF NOTICE: [[Date of Service]]
PLEASE TAKE NOTICE that you are in violation of the terms of your lease agreement dated [[Lease Date]] for the Premises described above. The specific violation(s) are:
Description of Violation:
> [[Describe the lease violation in specific, factual detail - e.g., "You have violated Section _ of your lease agreement by keeping an unauthorized pet (a dog) on the Premises in violation of the 'No Pets' clause," or "You have caused substantial damage to the Premises as described in the attached inspection report dated __."]]
Applicable Lease Provision(s): Section [[Section Number(s)]] of the Lease Agreement.
DEMAND: Within seven (7) days from the service of this notice, you must either:
1. CURE THE VIOLATION - take the following specific corrective action: [[Describe exact cure required, e.g., "Remove the unauthorized pet from the Premises and provide written confirmation to Landlord"]]; OR
- VACATE AND SURRENDER possession of the Premises.
FOR INCURABLE VIOLATIONS (e.g., serious or repeated violations under 25 Del. C. § 5513): If the violation is [[incurable / constitutes a serious safety or health hazard / has occurred more than once in a 12-month period]], Tenant is NOT entitled to cure and must vacate within seven (7) days.
IF YOU FAIL TO CURE OR VACATE within seven (7) days, Landlord will file a Summary Possession action in the Court of Common Pleas, [[County]] County, Delaware.
NOTICE TYPE 3 - 60-DAY NOTICE OF TERMINATION (MONTH-TO-MONTH TENANCY)
(25 Del. C. § 5106 - No-fault termination of month-to-month tenancy)
TO: [[Tenant Full Legal Name(s)]]
AND ALL PERSONS IN POSSESSION OF:
[[Full Property Address, Unit/Apt No., City, Delaware, ZIP Code]]
FROM: [[Landlord Full Legal Name or Company]]
DATE OF NOTICE: [[Date of Service]]
PLEASE TAKE NOTICE that your month-to-month tenancy at the above-described Premises is hereby TERMINATED, effective [[Termination Date - must be at least 60 days from date of service, and should fall on the last day of a rental period]].
Pursuant to 25 Del. C. § 5106, sixty (60) days' written notice is required to terminate a month-to-month tenancy in Delaware.
DEMAND: You are required to vacate and surrender possession of the Premises on or before [[Termination Date]]. All keys, access devices, and property belonging to Landlord must be returned by that date.
Note: If the tenancy is a fixed-term lease, this notice does not apply. Fixed-term leases terminate at the end of the lease term unless renewed. If the term is less than one month (week-to-week), different notice periods may apply - consult 25 Del. C. § 5106.
NOTICE TYPE 4 - 5-DAY NOTICE FOR DRUG/CRIMINAL ACTIVITY OR SERIOUS LEASE VIOLATION
(25 Del. C. § 5516 - Immediate termination for serious violation)
TO: [[Tenant Full Legal Name(s)]]
AND ALL PERSONS IN POSSESSION OF:
[[Full Property Address, Unit/Apt No., City, Delaware, ZIP Code]]
FROM: [[Landlord Full Legal Name or Company]]
DATE OF NOTICE: [[Date of Service]]
PLEASE TAKE NOTICE that your tenancy is IMMEDIATELY TERMINATED for the following serious violation, which constitutes grounds for immediate eviction without the right to cure under 25 Del. C. § 5516:
Grounds:
- [ ] Unlawful manufacture, sale, distribution, use, or possession of a controlled substance on the Premises;
- [ ] Serious damage to the Premises that poses a health or safety risk;
- [ ] Assault, battery, or threat of harm against Landlord, other tenants, or neighbors;
- [ ] Other serious violation: [[Describe]]
DEMAND: You must vacate the Premises within five (5) days from the date of service of this notice. Your tenancy is terminated and you have no right to cure.
GENERAL PROVISIONS (ALL NOTICE TYPES)
Landlord Information
Landlord / Property Owner: [[Landlord Full Legal Name or Company]]
Mailing Address: [[Street Address, City, Delaware, ZIP Code]]
Phone: [[Phone Number]]
Email: [[Email Address]]
Property Manager (if any): [[Manager Name, Company, Phone]]
Method of Service - Delaware Requirements (25 Del. C. § 5106; 10 Del. C. § 9702)
Delaware law requires proper service. Select and complete the service method used:
[ ] Personal Delivery: Notice was personally delivered to each Tenant named above.
[ ] Substitute Service: Notice was left with a person of suitable age and discretion residing at the Premises, AND a copy was mailed by first-class mail to the Premises address. (Service is complete upon mailing.)
[ ] Posting and Mailing: Notice was posted in a conspicuous place at the Premises (e.g., front door), AND a copy was mailed by first-class mail to the Premises address. (Service is complete upon mailing.)
[ ] First-Class Mail: Notice was mailed by first-class U.S. Mail to the Premises address. (Note: Add 3 days to the notice period if served by mail only - confirm with Court of Common Pleas local rules.)
Note: Service by certified mail, return receipt requested, is advisable but not required by statute.
Proof of Service
I, [[Server's Full Name]], declare under penalty of perjury under the laws of the State of Delaware that the foregoing notice was served upon the Tenant(s) named above by the following method:
Method of Service: [[Circle one: Personal Delivery / Substitute Service / Posting and Mailing / First-Class Mail]]
Date and Time of Service: [[Date and Time]]
If substitute service or posting: Person contacted (if any): [[Name and relationship, or "Front door posted"]]
First-class mail sent to: [[Mailing Address]] on [[Date]]
Return address on mailing envelope: [[Landlord address]]
Signature: ______________________________
Printed Name: [[Server's Full Name]]
Address: [[Server's Address]]
Date: ______________________________
Notice to Tenants Regarding Delaware Legal Assistance
Tenants facing eviction in Delaware may contact:
- Community Legal Aid Society, Inc. (CLASI): (302) 575-0660 (New Castle) or (302) 674-8500 (Kent) or (302) 856-0038 (Sussex) - free legal help for qualifying tenants
- Delaware Courts Self-Help Center: courts.delaware.gov
- 211 Delaware: Dial 211 for housing assistance resources
- Court of Common Pleas of Delaware: court.delaware.gov/CCP - for Summary Possession procedures
Landlord's or Agent's Signature:
Signature: ______________________________
Printed Name: [[Landlord or Authorized Agent Full Name]]
Title: [[Owner / Property Manager / Attorney]]
Date: [[Date]]
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Delaware eviction procedures are governed by the Delaware Residential Landlord-Tenant Code (25 Del. C. §§ 5101-5717) and Summary Possession procedures (10 Del. C. § 9701 et seq.). Notice periods, service requirements, and grounds for eviction may change; always verify current requirements with a Delaware-licensed attorney or the Court of Common Pleas. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- 25 Del. C. § 5502 (non-payment of rent - 5-day notice)
- 25 Del. C. § 5106 (termination of tenancy - 60-day notice for month-to-month)
- 25 Del. C. § 5513 (material breach - 7-day notice to cure or quit)
- 25 Del. C. § 5516 (immediate termination - drug/criminal activity)
- 10 Del. C. § 9701 et seq. (Summary Possession proceedings in Court of Common Pleas)
- Delaware Residential Landlord-Tenant Code, 25 Del. C. §§ 5101-5717
- Community Legal Aid Society, Inc. (CLASI): clasi.org
