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Delaware 5-Day Notice to Quit | Non-Payment

The Delaware 5-day notice to quit is a document that informs a tenant that they have defaulted in their rent payment. This form states that the lease agreement between the landlord and tenant will be terminated if the tenant doesn’t pay the rent due within five (5) days of receiving the notice. A landlord can only serve this notice to a tenant after the fifth day following the rent due date. However, if the landlord’s office is not in the county where the rental unit is located, the landlord must wait until the eighth day after rent is due to serve the notice. Failure to pay past due rent after the notice period could result in an eviction proceeding.

Laws§ 5502

Rent Grace Period (§ 5501(d)) – Tenant has five (5) days to pay rent past the due date. However, if the landlord does not have an office in the county where the rented property is located, the tenant has eight (8) days to pay rent past the due date.

Late Fees (§ 5501(d)) – If the landlord includes a late fee in the rental agreement, it shall not exceed 5% of the monthly rent.

When is Rent Due? (§ 5501(b)) – Unless stipulated in the rental agreement, one (1) month’s rent shall be paid by the tenant at the beginning of each month. If the lease term is for one month or less, the entire rent shall be payable at the beginning of the term.