7-Day Notice to Cure or Quit (Delaware)

7-DAY NOTICE TO CURE OR QUIT — DELAWARE

TABLE OF CONTENTS

1. Notice Block
2. Identification of Parties and Premises
3. Statement of Lease Provision Allegedly Breached
4. Description of Specific Violation(s)
5. Demand for Cure Under § 5513
6. Consequences of Failure to Cure
7. Second-Strike Notice (§ 5513(d))
8. Tenant's Rights and Defenses
9. Reservation of Rights
10. Service Information
11. Signature Block
12. Affidavit / Proof of Service
13. Delaware Practice Notes
14. Sources and References

1. NOTICE BLOCK

SEVEN (7) DAY NOTICE TO CURE OR QUIT

Pursuant to 25 Del. C. § 5513

Date of Notice: [__/__/____]

To: [TENANT FULL LEGAL NAME(S)], and all other occupants in possession

From: [LANDLORD/AGENT FULL LEGAL NAME]

2. IDENTIFICATION OF PARTIES AND PREMISES

3. STATEMENT OF LEASE PROVISION ALLEGEDLY BREACHED

YOU ARE HEREBY NOTIFIED that you are in material breach of the rental agreement and/or the rules and covenants applicable to the rental unit. The specific provisions alleged to have been breached are:

The above-cited provisions are material to the rental agreement.

4. DESCRIPTION OF SPECIFIC VIOLATION(S)

The specific facts constituting the breach are as follows. (Describe with date, time, location, conduct, and witnesses — vague notices are statutorily insufficient.)

Violation 1:

• Date(s) observed: [__/__/____]
• Time: [____] [a.m./p.m.]
• Location: [________________________________]
• Specific conduct: [________________________________]
• Witnesses / evidence: [________________________________]

Violation 2:

• Date(s) observed: [__/__/____]
• Time: [____] [a.m./p.m.]
• Location: [________________________________]
• Specific conduct: [________________________________]
• Witnesses / evidence: [________________________________]

Violation 3 (if any):

• Date(s) observed: [__/__/____]
• Time: [____] [a.m./p.m.]
• Location: [________________________________]
• Specific conduct: [________________________________]
• Witnesses / evidence: [________________________________]

5. DEMAND FOR CURE UNDER § 5513

DEMAND IS HEREBY MADE that you remedy and correct the above-described breach(es) within SEVEN (7) DAYS after this notice is given or sent to you, as required by 25 Del. C. § 5513(a).

The cure deadline is [__/__/____], counting at least seven (7) calendar days from the date of this notice.

To cure, you must:

☐ [SPECIFY ACTION REQUIRED — e.g., remove unauthorized occupant by name; remove unauthorized pet; cease and desist from noise after 10:00 p.m.; restore altered fixture; etc.]

☐ [SPECIFY ANY ADDITIONAL CORRECTIVE STEPS]

☐ [SPECIFY ANY DOCUMENTATION OF CURE THAT MUST BE PROVIDED]

If you cure the breach in full on or before the cure deadline, the rental agreement shall continue in full force as to that breach.

6. CONSEQUENCES OF FAILURE TO CURE

If you fail to cure the breach in full by the cure deadline:

1. The rental agreement shall terminate as provided in 25 Del. C. § 5513(a);
2. Landlord may file a Complaint for Summary Possession in the Justice of the Peace Court for the territorial county in which the premises are located, pursuant to 25 Del. C. § 5701 et seq.;
3. Landlord may seek a money judgment for damages caused by the breach, court costs, and any lawful damages permitted by the rental agreement and the Code;
4. Landlord must participate in the Residential Eviction Diversion Program under 25 Del. C. § 5702A; and
5. If a Judgment for Possession is entered, you may be removed from the premises by the Constable upon issuance of a writ of possession.

7. SECOND-STRIKE NOTICE (§ 5513(d))

YOU ARE FURTHER ADVISED that under 25 Del. C. § 5513(d), if you commit a substantially similar breach within 1 year of this notice, Landlord may rely on this notice as the predicate notice for a future summary possession action without serving a new 7-day cure notice.

In other words: even if you cure this breach within 7 days, a similar breach within 12 months of this notice may result in immediate termination and summary possession without further opportunity to cure.

This notice is given pursuant to 25 Del. C. § 5513.

8. TENANT'S RIGHTS AND DEFENSES

You are advised that under Delaware law you have the following rights:

☐ Right to cure: Take all required corrective action within 7 days. Document your cure in writing to Landlord (e.g., photographs, dated correspondence, receipts).

☐ Right to dispute: You may contest at the JP Court hearing whether (i) a breach occurred, (ii) the alleged conduct is "material" to the rental agreement, (iii) the rule allegedly broken is reasonable under § 5512, and (iv) the notice satisfies § 5513's specificity requirement.

☐ Common defenses, including but not limited to:

• Defective notice (vague, undated, mis-identified premises, failure to cite § 5513)
• Improper service
• Cure was timely accomplished
• Rule is unreasonable / unenforceable under § 5512
• Landlord's breach of the warranty of habitability under § 5305 (cross-claim / counterclaim)
• Retaliation within 90 days of a protected complaint (§ 5516)
• Discrimination (Delaware Fair Housing Act — 6 Del. C. § 4601 et seq.; federal FHA, 42 U.S.C. § 3601 et seq.; including protected classes of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, housing status)
• ADA / Section 504 reasonable-accommodation claim (assistance animal, etc.)
• Servicemember protections (SCRA, 50 U.S.C. § 3901 et seq.)
• Setoff for security-deposit violation (§ 5514)
• Failure of landlord to deliver Rental Code Summary (§ 5118)

☐ Right to legal counsel. Free or reduced-cost assistance:

• Delaware Volunteer Legal Services: (302) 478-8680 / dvls.org
• Community Legal Aid Society, Inc. (CLASI): (302) 575-0660 / declasi.org
• Legal Services Corporation of Delaware: (302) 575-0408 / lscd.com

☐ Right to participate in the Eviction Diversion Program (25 Del. C. § 5702A). Tenant must engage within 15 days of service of process.

9. RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies available under the rental agreement and Delaware law, including the right to (i) seek injunctive relief in cases of imminent harm, (ii) recover damages caused by the breach, (iii) bring summary possession upon expiration of the 7-day cure period, (iv) rely on this notice as a "second-strike" predicate under § 5513(d) for any substantially similar breach within 1 year, and (v) pursue any other action permitted by law. No course of dealing, late acceptance of cure, or non-action shall waive any of these rights.

10. SERVICE INFORMATION

This notice was served on the Tenant by the following method (check all that apply):

☐ Personal hand delivery to Tenant on [__/__/____] at approximately [____] [a.m./p.m.]

☐ Hand delivery to a person of suitable age and discretion at the rental unit on [__/__/____]

☐ Conspicuous posting at the rental unit on [__/__/____] AND mailing by first-class mail on [__/__/____]

☐ Certified mail, return receipt requested, USPS tracking no. [________________________________], mailed on [__/__/____]

☐ First-class mail on [__/__/____]

11. SIGNATURE BLOCK

Executed this [____] day of [MONTH], 20[____], at [CITY, COUNTY], Delaware.

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed name: [________________________________]

Title (if agent): [________________________________]

Mailing address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

12. AFFIDAVIT / PROOF OF SERVICE

STATE OF DELAWARE

COUNTY OF [____________________]

I, [AFFIANT NAME], being duly sworn, depose and say:

1. I am over the age of 18 and am competent to testify to the matters stated herein.
2. On [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing 7-Day Notice to Cure or Quit on the Tenant by the method indicated in Section 10 above.
3. The notice was directed to the Tenant at: [________________________________].
4. ☐ Attached hereto is the USPS Certified Mail receipt and/or return receipt, OR ☐ I personally observed posting/delivery as described.

Signature of Affiant: [________________________________]

Printed name: [________________________________]

Sworn to and subscribed before me this [____] day of [MONTH], 20[____].

[________________________________]
Notary Public / My commission expires: [__/__/____]

13. DELAWARE PRACTICE NOTES

A. Substantial specificity is mandatory. § 5513(a) requires the notice to "substantially specify the rule allegedly breached." Generic citations (e.g., "violated the lease") fail. List the rule by section number, describe the conduct, and date the violations.

B. The rule must be material AND reasonable. Under § 5512, rules must be reasonably related to the convenience, safety or welfare of the tenants or the preservation of the landlord's property. Unreasonable rules are unenforceable.

C. § 5513 expressly excludes rent default. For non-payment of rent use the 5-day § 5502 notice. Mixing the two grounds in a single notice is a common dismissal trap.

D. Imminent harm / criminal conduct exception. § 5513(b) allows immediate termination — no 7-day cure — for breaches that cause or threaten irreparable harm or for tenant criminal convictions (e.g., violent crimes, drug offenses) related to the property. Use a separate immediate-termination notice for those situations.

E. Repair-and-bill remedy. § 5513(b) also allows the landlord to "remedy" a correctable breach and bill the cost as additional rent — a useful alternative to summary possession for minor maintenance violations.

F. Second-strike doctrine. § 5513(d) is powerful — preserve the prior notice and proof of service in the tenant's file, since it allows skipping the 7-day cure on a repeat within 1 year.

G. Eviction Diversion Program. Mandatory mediation under § 5702A applies before any JP Court trial; complete at least 48 hours before trial date.

H. Manufactured housing. If the rental concerns a manufactured-home lot, 25 Del. C. ch. 70 governs and notice rules differ. DO NOT use this template.

I. Wilmington / county anti-discrimination overlays. Wilmington C. § 35-2 et seq.; New Castle County and Sussex County ordinances supplement state and federal fair housing protections.

J. Self-help is illegal. § 5313 — treble damages. Wait for the Constable.

K. Reasonable accommodation. If the alleged breach implicates a tenant's disability (e.g., assistance animal characterized as "unauthorized pet"), the federal FHA (42 U.S.C. § 3604(f)(3)(B)) and DE FHA require reasonable accommodation analysis BEFORE issuing this notice.

14. SOURCES AND REFERENCES

• 25 Del. C. § 5513 — Landlord remedies relating to breach of rules and covenants: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5512 — Tenant rules — reasonableness standard: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5509 — Tenant obligations relating to the rental unit: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5510 — Tenant rules of conduct: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5511 — Failure of tenant to comply with rules and covenants: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5305 — Landlord obligations / warranty of habitability: https://delcode.delaware.gov/title25/c053/index.html
• 25 Del. C. § 5313 — Unlawful ouster prohibited: https://delcode.delaware.gov/title25/c053/index.html
• 25 Del. C. § 5516 — Retaliation prohibited: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. ch. 57 — Summary Possession (§§ 5701-5717): https://delcode.delaware.gov/title25/c057/index.html
• 25 Del. C. § 5702A — Residential Eviction Diversion Program: https://delcode.delaware.gov/title25/c057/index.html
• 25 Del. C. § 5118 — Rental Code Summary: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 6 Del. C. ch. 46 — Delaware Fair Housing Act: https://delcode.delaware.gov/title6/c046/index.html
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act: https://www.justice.gov/servicemembers
• Delaware Justice of the Peace Court — Landlord/Tenant: https://courts.delaware.gov/jpcourt/landlordtenant
• Delaware Attorney General — Landlord/Tenant Code Summary: https://attorneygeneral.delaware.gov/fraud/cpu/landlordtenant/
• Delaware Volunteer Legal Services: https://www.dvls.org
• Community Legal Aid Society, Inc.: https://www.declasi.org
• Legal Services Corporation of Delaware: https://www.lscd.com

END OF NOTICE