A 7 Day Notice to Cure or Quit is the second most commonly used eviction notice in Delaware because it addresses lease violations other than unpaid rent or conduct that causes irreparable harm. Common examples include unauthorized pets, improper use of the premises, or failure to maintain the property. This notice identifies the violation and provides the tenant with 7 days to correct it. If the issue is not cured within that time, the landlord may terminate the tenancy and pursue an eviction action.
What Does Delaware Law Say?
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Title 25 § 5513
(a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.
(1) Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession. Such notice shall also state that it is given pursuant to this section, and if the tenant commits a substantially similar breach within 1 year, the landlord may rely upon such notice as grounds for initiating an action for summary possession.
(2) If the tenant’s breach can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item or the like, the landlord may remedy the tenant’s breach and bill the tenant for the actual and reasonable costs of such remedy. Such billing shall be due and payable as additional rent, immediately upon receipt.
(3) If the tenant’s breach of a rule or covenant also constitutes a material breach of an obligation imposed upon tenants by a municipal, county, or state code, ordinance, or statute, the landlord may terminate the rental agreement and bring an action for summary possession.
(b) When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm, the landlord may, without notice, remedy the breach, immediately terminate the rental agreement upon notice to the tenant, and bring an action for summary possession.
(c) Upon notice to the tenant, the landlord may bring an action or proceeding for waste or for breach of contract for damages suffered by the tenant’s wilful or negligent failure to comply with tenant responsibilities.
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How to Fill Out
Step 1 – Complete the full name of the tenant(s).
Step 2 – Enter the rental property address.
Step 3 – Clearly identify each lease violation.
Step 4 – The landlord must sign and date the notice.
Step 5 – After delivery, the person who served the notice must complete the Record of Service section stating how and when it was delivered.
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• 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
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