Notice to Pay Rent or Quit - Delaware

WRITTEN DEMAND FOR PAST-DUE RENT

DELAWARE — NOTICE UNDER 25 DEL. C. § 5502

Section 5502(a) permits this written demand only after the waiting period before late fees may be imposed. The notice must give at least seven days after it is given or sent and warn that the landlord may file a court action to terminate the rental agreement if payment is not made. The notice does not itself terminate the agreement.

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.

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 POSSIBLE COURT ACTION

Demand is made for payment of $[TOTAL DEMAND].

This demand is given after the period between the rent due date and the date late fees may be imposed under the Delaware Residential Landlord-Tenant Code. Unless payment is made by [DATE], which must be at least seven days after the date this notice is given or sent, the landlord may file a court action to terminate the rental agreement under 25 Del. C. § 5502(a).

If the tenant remains in default after the deadline, the landlord may then bring an action for summary possession of the dwelling unit or another proper possession proceeding. Under § 5502(b), after proper demand, notice of the intended action, and expiration of the required period, the landlord may also bring an action for rent alone, including accrued late charges that qualify as additional rent.

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

Under 25 Del. C. § 5502(c)-(d), payment of all rent due by the tenant or another person or entity on the tenant's behalf has these effects:

• Before an action is initiated, the landlord may not initiate a summary-possession action based on that failure to pay rent.

• After a nonpayment or late-payment action is initiated, the landlord may not maintain that action based on the failure to pay past-due rent.

The landlord may not refuse rent payments by or on behalf of a tenant. Before judgment, the landlord may restrict payment methods to those accepted under the lease; after judgment, the landlord may require a certified check or money order. The statute does not state that partial payment has the same effect as payment of all rent due.

6. LANDLORD / AGENT SIGNATURE

Signature: ____________________________________

Date: [DATE]

Printed name: [NAME]

Capacity: [LANDLORD / AUTHORIZED AGENT]

Address: [ADDRESS]

Telephone: [PHONE]

Email: [EMAIL]

7. DELIVERY RECORD

Tenant representation materials: Give the tenant the current informational materials approved by Delaware's Right to Representation Coordinator with this rent demand. Section 5606 requires those materials when a landlord gives a § 5502 notice. This demand does not replace the approved materials. Obtain the current materials from the Coordinator before delivery and identify the copy supplied below.

Coordinator-approved materials supplied (title/version): [TITLE AND VERSION]

Language of materials supplied: [LANGUAGE]

Record how and when the demand and materials were 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]

Representation materials delivery record: [METHOD, DATE, AND PROOF]

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

☐ Demand was given only after the waiting period before late fees may be imposed under § 5502(a)

☐ Deadline is at least seven days after the notice was given or sent, and the notice warns of a possible court action to terminate

☐ Delivery method and proof reviewed under current Delaware law

☐ Current Coordinator-approved tenant representation materials supplied with this rent demand under § 5606 and delivery recorded

☐ Tenant remains in default after the deadline

☐ Full-payment effects and permitted payment methods 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
• 25 Del. C. §§ 5602, 5606 — https://delcode.delaware.gov/title25/c056/index.html

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