A 60 Day Notice to Terminate Tenancy is required for month-to-month rental agreements and tenancy-at-will arrangements to give ample time for the residents to surrender the premises and move their belongings. While this notice is designed for landlords, tenants are obligated to give 60 days notice too unless they qualify for a 30 day exception military service, being a victim of domestic abuse, requiring an assisted living facility or experiencing employment relocation of more than 30 miles away.
What Does Delaware Law Say?
(c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
(d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
How to Fill Out
Step 1 – Complete the full name of the tenant(s).
Step 2 – Enter the rental property address.
Step 3 – Identify each violation.
Step 4 – The landlord must sign and date.
Step 5 – Once the notice is delivered, the person who served the notice must attest to how and when it was delivered by completing the Record of Service section.
• 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
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