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, you are hereby given FIVE (5) DAYS from service of this notice to pay the full amount owed or surrender possession of the premises.

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 you fail to pay the full amount due or surrender possession within five (5) days after service of this notice, the landlord may file a summary possession action to recover possession of the premises, unpaid rent, court costs, and attorney's fees as permitted by law.

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 there is a subsequent violation of the same rule within twelve (12) months after a previous warning, the landlord may terminate the rental agreement immediately.

☐ 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 - Sixty (60) days' written notice required per 25 Del. C. § 5106
☐ Fixed-Term Lease - Lease expires on [__/__/____]

TERMINATION DATE: [__/__/____]

(Note: Termination date must be at least 60 days from the date of this notice)

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

TENANT'S RIGHT TO TERMINATE:

Pursuant to 25 Del. C. § 5106, after you receive this notice of proposed changes (including termination), you have fifteen (15) days in which to terminate the tenancy. Otherwise, the termination will take effect as stated above.

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
• Entry must be at reasonable times
• The tenant shall not unreasonably withhold consent
• The landlord may enter without notice only in cases of 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. § 5501

Date of Notice: [__/__/____]

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

SIXTY-DAY NOTICE OF RENT INCREASE

Dear [________________________________]:

Pursuant to 25 Del. C. § 5501, this letter serves as official notice that your monthly rent will be increased as detailed below. Delaware law requires at least sixty (60) days' written notice for any rent increase or change in lease terms for month-to-month tenancies.

CURRENT RENT INFORMATION:

NEW RENT INFORMATION:

NOTICE REQUIREMENTS:

☐ This notice is being provided at least sixty (60) days before the effective date of the rent increase, as required by 25 Del. C. § 5501.

TENANT'S RIGHT TO TERMINATE:

Pursuant to 25 Del. C. § 5106, after you receive this notice of the proposed rent increase, you have fifteen (15) days in which to terminate the tenancy. If you choose to terminate, please provide written notice to the landlord within 15 days of receipt of this notice.

ACCEPTANCE:

If you wish to continue your tenancy at the new rental rate, no action is required. If you do not terminate within 15 days and continue occupancy after the effective date, this will constitute acceptance of the new rent amount.

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 unfurnished units (no limit for month-to-month tenancies in first year)
• 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
• If landlord fails to comply, landlord forfeits the right to withhold and must return 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

YOUR RIGHT TO BE PRESENT:

You have the right to be present during the move-out inspection. If you wish to attend, please confirm your availability.

☐ 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:

Please provide your forwarding address for security deposit return (required within 20 days):

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 usual place of abode with a person of suitable age and discretion
Person served: [________________________________]
Time: [____:____] ☐ AM ☐ PM

☐ Posting: Posted in a conspicuous place on the premises
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: [__/__/____]

DECLARATION:

I declare under penalty of perjury under the laws of the State of Delaware that the foregoing 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 (Unfurnished): One (1) month's rent (after first year for month-to-month)
• 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.