Notice to Pay Rent or Quit
WRITTEN DEMAND FOR PAST-DUE RENT
DELAWARE — NOTICE UNDER 25 DEL. C. § 5502
Section 5502 requires a written demand that gives a payment deadline not less than five days after the notice is given or sent. The statute terminates the rental agreement if payment is not made; it does not require this notice to demand that the tenant vacate within five days.
1. NOTICE INFORMATION
Date notice is given or sent: [DATE]
Tenant name(s): [TENANT FULL LEGAL NAME(S)]
Rental unit:
[STREET ADDRESS]
[CITY], Delaware [ZIP CODE]
[UNIT/APT NUMBER, IF APPLICABLE]
Landlord / authorized agent: [LEGAL NAME]
Rental agreement date: [DATE]
2. STATEMENT OF RENT DUE
To the tenant(s) named above:
Rent is due and unpaid under the rental agreement for the rental unit identified above.
| Due Date | Rental Period | Rent Charged | Payment / Credit | Unpaid Rent |
|---|---|---|---|---|
| [DATE] | [PERIOD] | $[AMOUNT] | $[AMOUNT] | $[AMOUNT] |
Total unpaid rent: $[TOTAL]
Late charge, if included
Late charge: $[AMOUNT / NONE]
Under 25 Del. C. § 5501(d), include a late charge only if the rental agreement provides for it. It may not exceed 5% of the monthly rent and may not be imposed within five days of the agreed payment time. The statute treats a properly accrued late charge as additional rent.
Total rent demanded, including any properly accrued late charge: $[TOTAL DEMAND]
3. WRITTEN DEMAND AND NOTICE OF TERMINATION
Demand is made for payment of $[TOTAL DEMAND].
Unless payment is made by [DATE], which must be not less than five days after the date this notice is given or sent, the rental agreement shall be terminated under 25 Del. C. § 5502(a).
If the tenant remains in default after the deadline, the landlord may thereafter bring an action for summary possession of the dwelling unit or another proper proceeding, action, or suit for possession.
4. PAYMENT PLACE AND METHOD
Payee: [NAME]
Payment address: [ADDRESS]
Payment methods: [METHODS]
Hours / portal instructions: [DETAILS]
Telephone / email: [CONTACT]
25 Del. C. § 5501(d) requires the landlord to maintain an office or other permanent place for receipt of timely payments in the county where the rental unit is located. If the landlord does not maintain such a place, the agreed payment time is extended by three days beyond the due date. Confirm that the rent demanded was actually due after applying this rule.
5. EFFECT OF ACCEPTED PAYMENT
25 Del. C. § 5502 distinguishes payment from acceptance:
-
Before an action is initiated, if the tenant pays all rent due and the landlord accepts the payment without a written reservation of rights, the landlord may not then initiate an action for summary possession or failure to pay rent.
-
After a nonpayment or late-payment action is initiated, if the tenant pays all rent due and the landlord accepts the payment without a written reservation of rights, the landlord may not maintain that action for past-due rent.
The statute does not state that acceptance of a partial payment has the same effect. Obtain Delaware legal review before accepting or rejecting any payment or drafting a reservation of rights.
6. LANDLORD / AGENT SIGNATURE
Signature: ____________________________________
Date: [DATE]
Printed name: [NAME]
Capacity: [LANDLORD / AUTHORIZED AGENT]
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]
7. DELIVERY RECORD
Record how and when the notice was given or sent. Have Delaware counsel confirm the delivery method before use.
Date given or sent: [DATE]
Time: [TIME]
Method: [DESCRIBE]
Person completing delivery: [NAME]
Address used: [ADDRESS]
Tracking / receipt / photograph / witness record: [DETAILS]
I certify that the delivery record above is true and correct.
Signature: ____________________________________
Date: [DATE]
8. PRE-FILING CHECKLIST
☐ Current 25 Del. C. §§ 5501, 5502, 5701, and 5702 checked
☐ Rent was due after applying the in-county payment-place rule
☐ Late charge, if any, is authorized, no more than 5%, and not imposed too early
☐ Written demand states the exact rent demanded
☐ Deadline is not less than five days after the notice was given or sent
☐ Delivery method and proof reviewed under current Delaware law
☐ Tenant remains in default after the deadline
☐ Accepted-payment and written-reservation issues reviewed under § 5502(c)-(d)
☐ Any summary-possession filing uses the Justice of the Peace Court with territorial jurisdiction over the rental unit
☐ Complaint alleges a current ground under § 5702, including wrongful failure to pay agreed rent under paragraph (2), as applicable
OFFICIAL SOURCES
- 25 Del. C. §§ 5501-5502 — https://delcode.delaware.gov/title25/c055/index.html
- 25 Del. C. §§ 5701-5702 — https://delcode.delaware.gov/title25/c057/index.html
- Official Title 25 compilation, current through June 11, 2026 — https://delcode.delaware.gov/title25/title25.pdf
END OF DOCUMENT
About This Template
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: July 2026
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