A 5 Day Notice to Pay or Quit is the most commonly used eviction notice in Delaware because it addresses the most frequent tenancy violation—unpaid rent. Delaware law provides a 5 day grace period when rent is due. If rent remains unpaid after that period, a landlord may serve this notice to demand payment of the past-due amount in full within 5 days or the tenancy may be terminated.
What Does Delaware Law Say?
[su_quote]
Title 25 § 5502
(a) A landlord or the landlord’s agent may, any time after rent is due, including the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated. If the tenant remains in default, the landlord may thereafter bring an action for summary possession of the dwelling unit or any other proper proceeding, action or suit for possession.
(b) A landlord or the landlord’s agent may bring an action for rent alone at any time after the landlord has demanded payment of past-due rent and has notified the tenant of the landlord’s intention to bring such an action. This action may include late charges, which have accrued as additional rent.
(c) If a tenant pays all rent due before the landlord has initiated an action against the tenant and the landlord accepts such payment without a written reservation of rights, the landlord may not then initiate an action for summary possession or for failure to pay rent.
(d) If a tenant pays all rent due after the landlord has initiated an action for nonpayment or late payment of rent against the tenant and the landlord accepts such payment without a written reservation of rights, then the landlord may not maintain that action for past due rent.
[/su_quote]
How to Fill Out
Step 1 – Complete the full name of the tenant(s).
Step 2 – Enter the rental property address.
Step 3 – Identify the rental period that is past due and the total amount owed.
Step 4 – The landlord must sign and date.
Step 5 – Once the notice is served on the tenant(s), the person who served the notice must attest to how and when it was delivered by completing the Record of Service section.
[su_box title=”Delaware Eviction Laws” box_color=”#bed1db” title_color=”#ffffff” radius=”10″]
• Rent Grace Period: 5 days.
§ 5501(d)
• Nonpayment of Rent: 5 days.
Title 25 § 5502
• Noncompliance: 7 days.
Title 25 § 5513
• Irreparable Harm: Immediate.
§ 5513(b)
• Termination (Month-to-Month Lease): 60 days.
§ 5106
• Eviction Lawsuit: Tenant Obligations and Landlord Remedies
Title 25, Chapter 55
[/su_box]
Please read our Terms of Use. AmericanLandlord.com is not a substitute for consulting with a legal professional specializing in landlord-tenant law.