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Delaware 5-Day Notice to Pay or Quit | Non-Payment of Rent

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Delaware 5-Day Notice to Pay or Quit | Non-Payment of Rent

Updated December 01, 2023

A Delaware 5-Day Notice to Pay Rent (Non-Payment of Rent) is a legal document used to serve a tenant when they fail to pay rent on time. This notice is drafted by the landlord and once delivered to the tenant, the tenant has 5 days to pay the amount owed. If the tenant remains in default after the 5 days, the landlord has the ability to bring an action against the tenant for summary possession.

If late charges are set in the rental agreement, the landlord can charge a late fee by notifying the tenant of such fees with an action. Important note for landlords: The landlord, by law, may not initiate an action for failure to pay rent or summary possession if the tenant pays all rent due before the landlord has initiated an action demanding unpaid rent and accepts such payment without a written reservation of rights.

Laws25 Del.C. § 5502