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. Repeat-Breach Notice (§ 5513(a)(1))
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. Landlord may terminate the rental agreement and bring an action for summary possession under 25 Del. C. § 5513(a)(1);
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. After filing, Landlord must engage in mediation under 25 Del. C. § 5702A(c)(1), unless the tenant fails to engage within 15 calendar days after service of process or an exception under § 5702A(c)(2) applies; 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. REPEAT-BREACH NOTICE (§ 5513(a)(1))

YOU ARE FURTHER ADVISED that under 25 Del. C. § 5513(a)(1), if you commit a substantially similar breach within 1 year of this notice, Landlord may rely on this notice as grounds for initiating an action for summary possession.

This notice does not establish that the alleged initial breach occurred. A later alleged breach and its substantial similarity may be disputed in court.

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, or failure to state that the notice is given pursuant to § 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

☐ Residential Eviction Diversion Program (25 Del. C. § 5702A). After an action is filed, mediation is scheduled between filing and trial unless an exception applies. If the tenant does not engage within 15 calendar days after service of process, trial may proceed without landlord participation in mediation.

9. RESERVATION OF RIGHTS

Landlord reserves the remedies available under the rental agreement and Delaware law, including the right to (i) recover damages caused by the breach, (ii) seek summary possession if the violation continues after the 7-day cure period, (iii) rely on this notice under § 5513(a)(1) for a substantially similar breach within 1 year, and (iv) pursue other relief permitted by law.

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, postage prepaid, with certificate of mailing on [__/__/____]. Certificate number or receipt: [________________].

Tenant representation materials: Include the current Coordinator-approved informational materials with this § 5513 notice, as required by §§ 5602(b)(1)(b) and 5606(3). Obtain the materials in the tenant's language from the Delaware Legal Help housing page. A link alone does not replace delivery.

☐ Materials supplied with this notice. Title/version/date and language: [________________________________]. Delivery method and date: [________________________________].

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 is the USPS certified/registered mail receipt or return receipt; ☐ attached is the first-class mail certificate of mailing; OR ☐ I personally observed posting/delivery as described. I also delivered the Coordinator-approved tenant representation materials recorded in Section 10 with the notice: ☐ Yes ☐ No.

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 nonpayment of rent use the written § 5502 demand after the late-fee waiting period, allowing at least seven days after notice is given or sent. Keep the two grounds distinct.

D. Irreparable harm exception. Under § 5513(b), a breach that causes or threatens irreparable harm, or a tenant's class A misdemeanor or felony conviction during the tenancy that caused or threatened such harm, allows the landlord to remedy and bill without notice, immediately terminate upon notice and seek summary possession, or both. Use a separate notice for this route.

E. Repair-and-bill remedy. Under § 5513(a)(2), the landlord may remedy a tenant breach that the landlord can correct and bill the actual and reasonable cost as additional rent due upon receipt. Subsection (b) separately addresses breaches causing or threatening irreparable harm.

F. Repeat breach. Section 5513(a)(1) permits reliance on the prior notice as grounds for a summary-possession action if the tenant commits a substantially similar breach within 1 year. Preserve the notice and proof of service; the notice alone does not establish the initial breach.

G. Eviction Diversion Program. Under § 5702A(c), post-filing mediation is generally scheduled before trial and completed at least 48 hours before trial. A trial may proceed if the tenant fails to engage within 15 calendar days after service of process. The landlord may not be required to participate in proceedings under §§ 5115 or 5513(b) or (c), or upon the statutory substantial-harm showing.

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. §§ 5602(b)(1)(b), 5606(3) — Materials with § 5513 notices: https://delcode.delaware.gov/title25/c056/index.html
• Delaware Legal Help — Current tenant notice downloads: https://delegalhelplink.org/dehousing-1
• 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. § 5113 — Service of notices or process: https://delcode.delaware.gov/title25/c051/sc01/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