Delaware Eviction Notice Templates (4)

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A Delaware eviction notice is a form delivered to tenants to advise them that they have violated their lease and they must remedy the breach or vacate the premises. Each notice is used for a different breach of contract and will give the tenant a specific number of days to cure the violation (if applicable). If the tenant doesn’t remediate or vacate, the landlord can start the eviction process.

Delaware Eviction Notice Templates (4)

A Delaware eviction notice is a form delivered to tenants to advise them that they have violated their lease and they must remedy the breach or vacate the premises. Each notice is used for a different breach of contract and will give the tenant a specific number of days to cure the violation (if applicable). If the tenant doesn’t remediate or vacate, the landlord can start the eviction process.

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Last updated August 29th, 2024

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A Delaware eviction notice is a form delivered to tenants to advise them that they have violated their lease and they must remedy the breach or vacate the premises. Each notice is used for a different breach of contract and will give the tenant a specific number of days to cure the violation (if applicable). If the tenant doesn’t remediate or vacate, the landlord can start the eviction process.

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Eviction Notices: By Type (4)

5-Day Notice to Quit | Non-Payment – Informs a tenant that they have failed to pay rent on time and they must pay within five days or their lease will be terminated.

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Immediate Notice to Quit | Irreparable Harm – Terminates a lease agreement immediately upon service to a tenant for causing damage to a person or property.

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7-Day Notice to Quit | Non-Compliance – A notice served upon a tenant who has committed a breach of contract and must cure the violation within seven days or risk an eviction suit.

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60-Day Notice to Terminate | Month-to-Month Lease – Can be used by a landlord or tenant to terminate a month-to-month tenancy by providing 60 days’ notice.

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Notice Requirements

  • Grace Period for Late Rent Fees – 5 days.[1]
  • Non-Payment of Rent – 5 days.[2]
  • Lease Non-Compliance – 7 days.[3]
  • Periodic Tenancy Termination – 60 days.[4]
  • Illegal Activity – Immediate.[5]
  • Irreparable Harm – Immediate.[6]

How to Evict a Tenant in Delaware

Step 1 – Notice to Quit

Before a landlord can evict a tenant, they must send them the appropriate notice to quit form.

The landlord must wait for the tenant to cure the violation or leave the property within the appropriate timeframe before filing a summary of possession action (eviction lawsuit).

Step 2 – File Summary of Possession Action

Summary of possession actions are handled by the Justice of the Peace Court. If the tenant doesn’t fix the lease violation, the landlord can fill out the Complaint Form (Civil Form No. 01) and file it with the appropriate justice of the peace court along with a copy of the notice to quit. The court will schedule a trial date and serve the Complaint and Summons to the tenant.

In situations where the tenant is causing significant damage (to property or people), the landlord may file a Request for Forthwith Summons (Form CF01FS) to set an earlier trial date.

Step 3 – Answer Form (If Applicable)

In situations where a landlord only wants to be financially compensated and not regain possession of the property, an Answer to the Complaint (Civil Form No. 7) will be delivered with the above-mentioned forms. The tenant has 15 days from the date they received the papers to file the Answer or a default judgment may be entered.

Step 4 – Counterclaim (If Applicable)

The tenant may also file a counterclaim against the landlord if they feel the landlord failed to uphold their obligations and is wrongfully evicting them. The tenant must file a Counterclaim (Civil Form No. 01CC) at least five days before the trial date.

Step 5 – Trial

To prepare for court, the landlord should bring copies of the rental agreement, the notice to quit, and a list of any important or pertinent dates for easy reference. The judge will hear testimony from both parties and review any evidence shared by them.

Step 6 – Judgment

A judgment in favor of the landlord will mean the tenant must pay any money owed plus court costs and, if applicable, hand over possession of the property. If the tenant does not vacate the premises, the landlord can file a Request for Writ of Possession (Civil Form No. 20B).
If approved, the court will issue the Writ of Possession (at least 10 days after judgment), ordering the tenant to remove themselves from the property within 24 hours. After 24 hours, a constable can forcibly remove the tenant.

Sources

  1. § 5501(d)
  2. § 5502
  3. § 5513(a)
  4. § 5106(d)
  5. § 5513(b)
  6. § 5513(b)