NOTICE OF TERMINATION OF RENTAL AGREEMENT

AND DEMAND FOR POSSESSION

(Compliant with the Delaware Residential Landlord–Tenant Code)

[// GUIDANCE: This template provides a single, multi-purpose eviction notice for use under Delaware law. Select the applicable “Ground for Termination” option, complete all placeholders, delete inapplicable text, and review statutory cross-checks before service. The template is intentionally more robust than the statutory minimum to strengthen enforceability and preserve future litigation positions.]

I. DOCUMENT HEADER

1. Date of Notice: [DATE]
2. Landlord/Owner (“Landlord”): [LANDLORD LEGAL NAME], a [ENTITY TYPE/STATE] with principal address at [ADDRESS].
3. Tenant(s) (“Tenant”): [TENANT LEGAL NAME(S)].
4. Premises: [STREET ADDRESS, UNIT, CITY, ZIP] (the “Premises”).
5. Lease/Rental Agreement: Residential lease dated [LEASE DATE] (the “Lease”).
6. Governing Law & Venue: State of Delaware; exclusive venue in the [COUNTY] Justice of the Peace Court (“Housing Court”).

II. DEFINITIONS

For purposes of this Notice:

“Business Day” means any day other than Saturday, Sunday, or a Delaware-recognized legal holiday.
“Cure” or “Cure the Default” means full performance of the action specified in Section III within the stated Cure Period, together with any additional charges accruing through the Cure date.
“Cure Period” means the statutory period set forth in Section III for the applicable Ground for Termination.
“Notice Period” means the number of calendar days between (a) Tenant’s receipt (or deemed receipt) of this Notice and (b) the Termination Date.
“Termination Date” means the date on which the Lease terminates and Tenant must surrender possession.

III. OPERATIVE PROVISIONS

1. Ground for Termination
   (check and complete ONE only)
   ☐ Non-Payment of Rent: Tenant has failed to pay rent of $[AMOUNT] due on [DUE DATE].
   ☐ Material Non-Compliance with Lease / Law: Tenant has materially breached Section [NO.] of the Lease and/or Delaware law by [DESCRIPTION OF BREACH].
   ☐ Holding Over / End of Term Tenancy: The Lease expired on [EXPIRATION DATE]; Tenant remains in possession without Landlord’s consent.

2. Statutory Notice & Cure Periods
   a. Non-Payment of Rent: Tenant has 5 calendar days after receipt of this Notice (the “Cure Period”) to pay all amounts set forth in Section III.4.
   b. Material Non-Compliance (Curable): Tenant has 7 calendar days after receipt of this Notice to Cure the Default.
   c. Material Non-Compliance (Non-Curable or Repeat Violation) OR Holding Over: No Cure is allowed; Notice Period is 7 calendar days.
   [// GUIDANCE: Delete inapplicable sub-sections and verify current statutory periods before use.]

3. Termination Date
   Unless Tenant Cures within the applicable Cure Period (where permitted), the Lease will terminate at 11:59 p.m. on [TERMINATION DATE].

4. Amount Required to Cure (if applicable)
   a. Past-due rent: $[AMOUNT]
   b. Late fees (per Lease): $[AMOUNT]
   c. Other charges (itemize): $[AMOUNT]
   d. Total Due: $[TOTAL] (payable by cash, certified funds, or other method permitted under the Lease).

5. Manner of Payment / Cure
   Payment must be delivered to Landlord at [PAYMENT ADDRESS] during normal business hours or via [ALTERNATIVE METHOD] and actually received within the Cure Period.

6. Demand for Possession
   If Tenant fails to timely Cure (or Cure is not permitted), Tenant must vacate and surrender the Premises—including all keys, access cards, and parking passes—by the Termination Date.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that:
   a. Landlord is the lawful owner or agent entitled to possession of the Premises.
   b. All required Delaware security deposit or rental license obligations applicable to the Premises are current.
2. Tenant’s receipt (or deemed receipt) of this Notice constitutes conclusive evidence that the statutory notice requirement has been satisfied.

V. COVENANTS & RESTRICTIONS

1. Tenant shall not commit waste, nuisance, or further violations during the Notice Period.
2. Tenant shall continue to comply with all Lease obligations until physical surrender.

VI. DEFAULT & REMEDIES

1. Events of Default include:
   a. Failure to Cure within the Cure Period (where applicable);
   b. Failure to vacate by the Termination Date;
   c. Commission of new violations during the Notice Period.
2. Upon an Event of Default, Landlord may:
   a. File an action for summary possession without further notice;
   b. Recover past-due rent, holdover damages, court costs, and reasonable attorney fees;
   c. Pursue any other remedy available under the Lease or Delaware law.

VII. RISK ALLOCATION

Indemnification and liability limitations are not applicable to this Notice but are preserved under the Lease.

VIII. DISPUTE RESOLUTION

1. Governing Law: State of Delaware.
2. Forum Selection: Justice of the Peace Court for the county where the Premises are located.
3. Arbitration: Not available for eviction matters under Delaware law.
4. Jury Waiver: Tenant retains constitutional jury rights; none are waived by this Notice.
5. Injunctive Relief: Landlord reserves the right to seek immediate possession and related equitable relief.

IX. GENERAL PROVISIONS

1. Service of Notice
   This Notice shall be served by one or more of the methods permitted under Delaware law, including:
   a. Personal delivery to Tenant;
   b. Certified mail, return-receipt requested, to the Premises; or
   c. Posting on the main entrance door AND mailing by first-class mail if personal service is impracticable.
   [// GUIDANCE: Retain proof of service—e.g., certificate of mailing, affidavit of posting—for court submission.]

2. Severability
   If any provision of this Notice is adjudged invalid, the remainder shall remain enforceable.

3. Entire Notice
   This instrument constitutes the full and complete statutory notice required before filing for summary possession; no oral statements modify its terms.

X. EXECUTION BLOCK

LANDLORD/OWNER:

[AUTHORIZED SIGNATORY NAME]
[Title, if entity]
Date: _______

[// GUIDANCE: Notarization is not required for Delaware eviction notices; nevertheless, some practitioners attach a jurat or affidavit of service below.]

CERTIFICATE OF SERVICE

I, [NAME], certify that on [DATE OF SERVICE] I served the foregoing Notice upon Tenant by:
☐ personal delivery ☐ certified mail ☐ posting & first-class mail (check all that apply),
and that such service complies with Delaware law.

Signature of Server

Date: ________

[// GUIDANCE: Preserve this original executed notice and all service proofs for at least five (5) years, or longer if litigation is pending.]