Delaware Landlord Notices Pack

DELAWARE LANDLORD NOTICES PACK

Comprehensive Notice Templates Under the Delaware Residential Landlord-Tenant Code

NOTICE 1: FIVE-DAY NOTICE TO PAY RENT OR QUIT

DELAWARE STATUTORY NOTICE PURSUANT TO 25 DEL. C. § 5502

Date of Notice: [__/__/____]

LANDLORD INFORMATION:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: DE ZIP: [____]
Phone: [________________________________]
Email: [________________________________]

TENANT INFORMATION:
Name(s): [________________________________]
Rental Property Address: [________________________________]
City: [________________________________] State: DE ZIP: [____]
Unit/Apt. No.: [____]

FIVE-DAY NOTICE TO PAY RENT OR SURRENDER POSSESSION

TO THE ABOVE-NAMED TENANT(S):

YOU ARE HEREBY NOTIFIED that you are in default of your rental agreement for the above-described premises due to nonpayment of rent.

RENT OWED:

DEMAND FOR PAYMENT:

Pursuant to 25 Del. C. § 5502, demand is made for payment of the full rent owed. Unless payment is made by [__/__/____], a deadline not less than five days after this notice is given or sent, the rental agreement shall terminate.

Under 25 Del. C. § 5112, because the statutory period is less than seven days, intermediate Saturdays, Sundays, and legal holidays are excluded when computing the five-day period.

DEADLINE TO PAY OR VACATE: [__/__/____]

PAYMENT INSTRUCTIONS:

Payment shall be made by: ☐ Cash ☐ Certified Check ☐ Money Order ☐ Other: [________________]

Payment shall be delivered to: [________________________________]

During the hours of: [________________________________]

FAILURE TO COMPLY:

If the tenant remains in default after the deadline, the landlord may thereafter file a summary-possession action or pursue another proper possession proceeding under § 5502(a).

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]
Title: [________________________________]

NOTICE 2: SEVEN-DAY NOTICE TO CURE OR QUIT (LEASE VIOLATION)

DELAWARE STATUTORY NOTICE PURSUANT TO 25 DEL. C. § 5513

Date of Notice: [__/__/____]

TO: [________________________________] (Tenant Name(s))
PROPERTY ADDRESS: [________________________________], Delaware [____]

NOTICE OF BREACH OF RULES AND COVENANTS

You are hereby notified that you are in violation of your rental agreement and/or the rules and covenants of the property. The specific acts and/or omissions constituting the breach are as follows:

DESCRIPTION OF VIOLATION(S):

☐ Unauthorized occupant(s): [________________________________]
☐ Unauthorized pet(s): [________________________________]
☐ Excessive noise/disturbance on: [________________________________]
☐ Damage to property: [________________________________]
☐ Failure to maintain premises: [________________________________]
☐ Violation of health/safety codes: [________________________________]
☐ Violation of rules and regulations: [________________________________]
☐ Other lease violation: [________________________________]

DETAILED DESCRIPTION:
[________________________________]
[________________________________]
[________________________________]

LEASE PROVISION(S) / RULE(S) VIOLATED:
Section/Paragraph: [________________________________]

DEMAND TO CURE:

Pursuant to 25 Del. C. § 5513, you are hereby given SEVEN (7) DAYS from service of this notice to cure/remedy the above-described violation(s).

DEADLINE TO CURE: [__/__/____]

REQUIRED ACTION TO CURE:
[________________________________]
[________________________________]

FAILURE TO COMPLY:

If the breach is not remedied within seven (7) days after service of this notice, the rental agreement may be terminated, and the landlord may commence legal proceedings to recover possession.

NOTICE REGARDING REPEATED VIOLATIONS:

If the tenant commits a substantially similar breach within one year after this notice, the landlord may rely on this notice as grounds for initiating an action for summary possession. The prior notice does not itself establish that the first breach occurred.

☐ This is a first notice for this type of breach.
☐ This is a subsequent notice within twelve months. Previous notice dated [__/__/____].

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTICE 3: SIXTY-DAY NOTICE OF LEASE TERMINATION

DELAWARE NOTICE OF TERMINATION PURSUANT TO 25 DEL. C. § 5106

Date of Notice: [__/__/____]

TO: [________________________________] (Tenant Name(s))
PROPERTY ADDRESS: [________________________________], Delaware [____]

SIXTY-DAY NOTICE OF TERMINATION OF TENANCY

☐ LANDLORD-INITIATED TERMINATION
☐ TENANT-INITIATED TERMINATION

Dear [________________________________]:

This letter serves as formal notice to terminate the tenancy at the above-referenced property.

TYPE OF TENANCY:

☐ Month-to-Month Tenancy - At least sixty (60) days' written notice; the 60-day period begins on the first day of the month following actual notice under 25 Del. C. § 5106(d)
☐ Fixed-Term Lease - At least sixty (60) days' written notice before the lease expires on [__/__/____] under § 5106(c)

TERMINATION DATE: [__/__/____]

(For a month-to-month tenancy, calculate the termination date from the first day of the month after actual notice. For a fixed term, serve notice at least 60 days before the expiration date.)

REASON FOR TERMINATION (if applicable):
☐ End of lease term
☐ Non-renewal of month-to-month tenancy
☐ Sale of property
☐ Landlord or family member moving in
☐ Major renovation/rehabilitation
☐ Other: [________________________________]

MOVE-OUT REQUIREMENTS:

1. Remove all personal belongings by the termination date
2. Return all keys, garage door openers, and access devices to: [________________________________]
3. Leave the premises in clean condition, ordinary wear and tear excepted
4. Remove all trash and debris
5. Disconnect utilities in your name as of [__/__/____]
6. Provide forwarding address for security deposit return

SECURITY DEPOSIT:

Pursuant to 25 Del. C. § 5514, your security deposit (less any lawful deductions) and an itemized statement will be mailed to your forwarding address within twenty (20) days after termination of the tenancy.

FORWARDING ADDRESS FOR SECURITY DEPOSIT:

Please provide your forwarding address in writing:

Forwarding Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____]

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTICE 4: NOTICE OF ENTRY (INSPECTION/REPAIRS)

DELAWARE NOTICE OF ENTRY PURSUANT TO 25 DEL. C. § 5509

Date of Notice: [__/__/____]

TO: [________________________________] (Tenant Name(s))
PROPERTY ADDRESS: [________________________________], Delaware [____]

NOTICE OF LANDLORD'S INTENT TO ENTER PREMISES

Pursuant to 25 Del. C. § 5509, you are hereby notified that the landlord or landlord's authorized agent intends to enter your rental unit.

DATE OF ENTRY: [__/__/____]

TIME OF ENTRY: Between [____:____] ☐ AM ☐ PM and [____:____] ☐ AM ☐ PM

PURPOSE OF ENTRY:

☐ Routine inspection
☐ Make repairs: [________________________________]
☐ Make improvements or alterations
☐ Supply agreed services
☐ Exhibit unit to prospective tenants
☐ Exhibit unit to prospective purchasers
☐ Exhibit unit to contractors/workmen
☐ Exhibit unit to mortgagees
☐ Pest control treatment
☐ Smoke detector/carbon monoxide detector inspection
☐ Other: [________________________________]

PERSON(S) WHO WILL ENTER:

Name: [________________________________]
Company (if applicable): [________________________________]
Phone: [________________________________]

LEGAL REQUIREMENTS:

Under Delaware law (25 Del. C. § 5509):

• The landlord must give at least 48 HOURS' NOTICE (2 days) before entry
• The 48-hour notice requirement does not apply to repairs requested by the tenant
• Entry must occur between 8:00 a.m. and 9:00 p.m.
• The tenant shall not unreasonably withhold consent
• For prospective tenants or purchasers only, the tenant may waive the 48-hour notice requirement in a signed addendum or other separate signed document
• The landlord may enter at any time in an emergency

TENANT'S PRESENCE:

☐ Your presence is requested
☐ Your presence is not required

CONTACT INFORMATION:

If you have questions or need to reschedule, please contact:

Name: [________________________________]
Phone: [________________________________]
Email: [________________________________]

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTICE 5: SIXTY-DAY NOTICE OF RENT INCREASE

DELAWARE NOTICE OF RENT INCREASE PURSUANT TO 25 DEL. C. § 5107

Date of Notice: [__/__/____]

TO: [________________________________] (Tenant Name(s))
PROPERTY ADDRESS: [________________________________], Delaware [____]

SIXTY-DAY NOTICE OF RENT INCREASE

Dear [________________________________]:

Pursuant to 25 Del. C. § 5107, this letter gives notice that the Landlord intends to renew the rental agreement subject to the modified rent stated below. The statute requires a minimum of 60 days' written notice before expiration of the rental agreement.

CURRENT RENT INFORMATION:

NEW RENT INFORMATION:

NOTICE REQUIREMENTS:

☐ This notice is being provided at least sixty (60) days before expiration of the current rental agreement, as required by 25 Del. C. § 5107.

TENANT'S RIGHT TO TERMINATE:

Pursuant to 25 Del. C. § 5107(b), the Tenant must notify the Landlord of an intention to terminate the existing rental agreement at least forty-five (45) days before the last day of the current term. Section 5107 does not create a 15-day response period.

ACCEPTANCE:

If the Tenant does not give timely termination notice, the amended or modified provisions are deemed accepted and take effect as stated in this notice. If the Tenant timely rejects the modified terms, the rejected renewal notice operates as an effective termination notice under § 5107(c).

PAYMENT INSTRUCTIONS:

Beginning [__/__/____], rent payments of $[________________________________] shall be due on the [____] day of each month.

Payment shall be made to: [________________________________]
Payment address: [________________________________]
Accepted payment methods: [________________________________]

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTICE 6: SECURITY DEPOSIT ITEMIZATION LETTER

DELAWARE SECURITY DEPOSIT DISPOSITION STATEMENT
PURSUANT TO 25 DEL. C. § 5514

Date: [__/__/____]

TENANT INFORMATION:
Name(s): [________________________________]
Former Rental Address: [________________________________], Delaware [____]
Forwarding Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____]

LANDLORD INFORMATION:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: DE ZIP: [____]

TENANCY INFORMATION:
Lease Start Date: [__/__/____]
Lease End Date: [__/__/____]
Date Possession Returned: [__/__/____]
Keys Returned: ☐ Yes ☐ No
Duration of Tenancy: ☐ Less than 1 year ☐ 1 year or more

SECURITY DEPOSIT ACCOUNTING:

ITEMIZED DEDUCTIONS:

DEPOSIT DISPOSITION:

☐ Check enclosed in the amount of $[________________________________]
☐ Full deposit applied to amounts owed; no refund due
☐ Deposit insufficient; tenant owes additional $[________________________________]

DELAWARE LAW NOTICE:

Pursuant to 25 Del. C. § 5514:

• Maximum Security Deposit: One (1) month's rent for a term of one year or more; for an undefined or month-to-month primary-residence tenancy, the same cap applies after the tenancy has lasted one year. These caps do not apply to furnished units.
• Pet Deposit: Up to one (1) month's rent additional for pets
• Return Deadline: Twenty (20) days after termination of tenancy
• Itemization Required: Yes, written itemized list of damages and estimated costs of repair
• Tenant Objection Period: Ten (10) days after receipt of the tender and itemized list
• Failure to provide the itemized damage list and tender within 20 days acknowledges that no payment for damages is due; failure to remit the amount owed within 20 days entitles the tenant to double the amount wrongfully withheld

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTICE 7: MOVE-OUT INSPECTION NOTICE

DELAWARE MOVE-OUT INSPECTION NOTICE

Date of Notice: [__/__/____]

TO: [________________________________] (Tenant Name(s))
PROPERTY ADDRESS: [________________________________], Delaware [____]

NOTICE OF MOVE-OUT INSPECTION

Dear [________________________________]:

As your tenancy is scheduled to end on [__/__/____], we are writing to inform you of the move-out inspection process.

INSPECTION DETAILS:

Proposed Inspection Date: [__/__/____]
Proposed Inspection Time: [____:____] ☐ AM ☐ PM

OPTIONAL TENANT ATTENDANCE:

Delaware's Residential Landlord-Tenant Code does not create a statutory right to a pre-move-out inspection or to attend one. The Landlord is voluntarily offering the Tenant an opportunity to attend this inspection. Confirm availability if the Tenant wishes to participate.

☐ I wish to be present at the inspection
☐ I do not wish to be present at the inspection

SCHEDULING:

If the proposed date/time does not work for you, please contact us to reschedule:

Contact Name: [________________________________]
Phone: [________________________________]
Email: [________________________________]

PLEASE RESPOND BY: [__/__/____]

MOVE-OUT CHECKLIST:

Kitchen:
☐ Clean stove, oven, and range hood
☐ Clean refrigerator inside and out
☐ Clean dishwasher
☐ Clean countertops and cabinets (inside and out)
☐ Clean sink and disposal
☐ Clean floors

Bathrooms:
☐ Clean toilet, tub, shower, and sink
☐ Clean mirrors and fixtures
☐ Clean floors
☐ Remove mold/mildew

General (All Rooms):
☐ Patch small nail holes (per lease terms)
☐ Clean all light fixtures
☐ Clean windows and window sills
☐ Clean blinds/window coverings
☐ Vacuum carpets/clean floors
☐ Remove all personal belongings
☐ Remove all trash and debris

Exterior (if applicable):
☐ Clean patio/balcony/deck
☐ Remove all personal items from yard
☐ Maintain lawn (if tenant responsibility)

ITEMS TO RETURN:

☐ All keys (quantity: [____])
☐ Garage door opener(s) (quantity: [____])
☐ Mailbox key
☐ Pool/amenity access cards
☐ Parking permits
☐ Other: [________________________________]

Return items to: [________________________________]

FORWARDING ADDRESS:

To preserve statutory notice and double-damages protections, provide a forwarding address in writing at or before termination of the rental agreement. If no address is provided, the Landlord remains liable for any unused deposit, but the Tenant must make a written claim within one year after termination or expiration. 25 Del. C. § 5514(h).

New Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____]
Phone: [________________________________]
Email: [________________________________]

LANDLORD/AGENT SIGNATURE:

________________________________________ Date: [__/__/____]
Printed Name: [________________________________]

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE FOR LANDLORD NOTICES
STATE OF DELAWARE

I, [________________________________], being duly sworn, hereby certify that on [__/__/____], I served the following notice:

TYPE OF NOTICE SERVED:

☐ Five-Day Notice to Pay Rent or Quit
☐ Seven-Day Notice to Cure or Quit (Lease Violation)
☐ Sixty-Day Notice of Lease Termination
☐ Notice of Entry
☐ Sixty-Day Notice of Rent Increase
☐ Security Deposit Itemization Letter
☐ Move-Out Inspection Notice
☐ Other: [________________________________]

SERVED UPON:

Tenant Name(s): [________________________________]
Property Address: [________________________________], Delaware [____]

METHOD OF SERVICE:

☐ Personal Service: Delivered directly to tenant at [____:____] ☐ AM ☐ PM
Location: [________________________________]

☐ Abode Service: Left at the tenant's rental unit or usual place of abode with an adult person residing there
Person served: [________________________________]
Time: [____:____] ☐ AM ☐ PM

☐ Posting plus mailing: Posted on the rental unit and also sent by registered/certified mail or first-class mail with a certificate of mailing, as required by 25 Del. C. § 5113(c)(1)
Posted on [__/__/____] at [____:____] ☐ AM ☐ PM
Location posted: [________________________________]

☐ Certified Mail: Mailed via certified mail, return receipt requested
Tracking Number: [________________________________]
Date Mailed: [__/__/____]

☐ First-Class Mail: Mailed via first-class mail
Date Mailed: [__/__/____]
Certificate of Mailing No.: [________________________________]

DECLARATION:

I certify that the foregoing service information is true and correct.

Executed on [__/__/____] at [________________________________], Delaware.

________________________________________
Signature of Person Who Served Notice

Printed Name: [________________________________]
Address: [________________________________]
Phone: [________________________________]

DELAWARE LANDLORD-TENANT LAW QUICK REFERENCE

Key Notice Periods:

Security Deposit Rules:

• Maximum Amount: One month's rent for terms of one year or more; for undefined/month-to-month primary residences, after the first year; cap does not apply to furnished units
• Pet Deposit: Up to one (1) additional month's rent
• Return Deadline: 20 days after termination
• Itemization Required: Yes
• Penalty for Noncompliance: Double the amount wrongfully withheld

Required Landlord Disclosures:

• Landlord's name and address for receiving notices
• Owner's name and address (if different from landlord)

This notice pack is provided for informational purposes only and does not constitute legal advice. Delaware landlord-tenant laws are subject to change. Consult with a Delaware-licensed attorney for specific legal matters.