Document Genius

Free Delaware Eviction Notice Template

Create a Delaware eviction notice quickly with Document Genius. Our guided form ensures your notice meets Delaware requirements so it’s ready to download as a PDF or Word file instantly.

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1,109 Ratings
  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Nicole Rhim, J.D.

How It works?

1

Pick the Correct Notice

Select the right notice for rent, violations, or lease end.

2

Add the Basics

List the tenant’s name, address, and reason for eviction.

3

Deliver the Notice Properly

Serve it by state rules and keep proof for court records.

Table of Contents

  1. What Is a Delaware Eviction Notice?
  2. When to Use Each Type of Delaware Eviction Notice
  3. How to Write a Delaware Eviction Notice
  4. How to Serve a Delaware Eviction Notice
  5. Next Steps After Sending the Notice
  6. Related Delaware Court Forms

What Is a Delaware Eviction Notice?

A Delaware eviction notice is a written document landlords must give tenants before filing for eviction in Justice of the Peace Court. It explains the reason for eviction, the time allowed to fix the issue or move out, and the next steps under Delaware Code Title 25, Chapter 57.

When to Use Each Type of Delaware Eviction Notice

Delaware law sets specific timelines depending on the situation. Use Document Genius to select the correct notice from the dropdown before filling out your form.

  • 5-Day Notice to Pay Rent or Quit (25 DE Code § 5502): Gives tenants five days to pay overdue rent or move out before you can file for eviction.
  • 7-Day Notice to Quit for Non-Compliance (25 DE Code § 5513): Used when tenants break lease terms, such as damaging property or violating occupancy rules. Tenants have seven days to fix the issue or leave.
  • 60-Day Notice to Terminate Month-to-Month Tenancy (25 DE Code § 5106): For ending a month-to-month lease without a violation. Requires 60 days’ written notice before filing in court. The notice starts at the first day of the month following the day of actual notice.

How to Write a Delaware Eviction Notice

To prepare a valid notice:

  1. Select the correct notice type in the Document Genius form.
  2. Add landlord and tenant information, including names and rental property address.
  3. State the reason for eviction if required by law.
  4. Set the notice deadline based on Delaware’s rules.
  5. Sign and date the form before serving it.

If the tenant doesn’t comply by the deadline, you can file a summary possession case in Justice of the Peace Court.

How to Serve a Delaware Eviction Notice

Delaware law allows landlords to deliver notices by:

  • First-class or certified mail
  • Personal delivery to the tenant or another adult at the property
  • Messenger service with delivery confirmation

Keep proof of service because the court will require it if the eviction proceeds.

Next Steps After Sending the Notice

If the tenant doesn’t comply within the notice period:

  • File a Complaint in Justice of the Peace Court to start a summary possession action
  • Attend the hearing on the scheduled date
  • Request a Writ of Possession if the court rules in your favor so the sheriff can remove the tenant if necessary

Related Delaware Court Forms

Landlords may need these forms during the eviction process:

  • Complaint: Starts the summary possession case in court
  • Summons: Notifies the tenant of the court date and hearing details
  • Writ of Possession: Authorizes law enforcement to remove the tenant if they don’t leave voluntarily