The Delaware eviction notice forms are forms that may be used to inform a renter either that he or she is in violation of the rental agreement and he or she needs to rectify the situation or face summary process (eviction) or to inform a renter that the lease term is up and landlord does not intend to renew and that tenant needs to be out of the premises by the end of the term or face summary process. If summary process is called for, the landlord will have to make sure he or she has properly sent notice and allowed the requisite time period for compliance. A Complaint form will then need to be filed with the Justice of the Peace Court nearest the property in which the tenant resides. A $40 fee plus a copy of the notice sent to the tenant will need to be included.
Notices by Type
5-Day Notice to Quit (Non-Payment of Rent) – This notice is for use when a tenant has failed to pay the rent when it is due. Landlord must send a demand for payment and tenant has five business days to respond by paying rent before Landlord can take further action.
7-Day Notice to Quit (Non-Compliance) – This notice is for use when a tenant has breached the lease agreement in some way. The tenant will have seven days to take corrective action before Landlord can continue the eviction process.
60-Day Notice to Quit (Month to Month Tenancy) – This notice is for use when a landlord seeks to inform the tenant that the lease will end at the end of the term and not renew.
When is Rent Late?
Rent is considered late if it is not paid by the date it is due, however, a landlord cannot charge late fees until at least five (5) days after the rent is due. (§ 5501(d))
How to Evict (Process)
Step 1 – The landlord must determine which type of notice is required to inform the Tenant of the potential for summary process (or eviction). If the tenant has failed to pay rent, the Landlord may use the 5-Day Notice to Quit (Non-Payment of Rent). If the tenant has failed to comply with a provision of the lease agreement, other than the failure to pay rent, the Landlord may use the 7-Day Notice to Quit (Non-Compliance). If the Landlord is seeking to make sure that the tenant moves out at the end of the lease term, he or she may use the 60-Day Notice to Quit (Month to Month Tenancy).
Step 2 – When the requisite time period for the tenant to respond has expired without a satisfactory response, Landlord may begin Summary Process proceedings by filing a Complaint with the Justice of the Peace Court Nearest the Property in question, along with a filing fee of $40 and a copy of the notice sent to Tenant.
Step 3 – The court will serve the papers on the tenant and a trial date will be set.
Step 4 – If there is a judgment in favor of the landlord and tenant still does not vacate the property, the landlord can ask for a writ of possession from the court.