FIVE-DAY NOTICE TO PAY RENT OR QUIT

(Delaware)

NOTICE INFORMATION

Date of Notice: [DATE]

Tenant Name(s): [TENANT FULL LEGAL NAME(S)]

Rental Property Address:
[STREET ADDRESS]
[CITY], Delaware [ZIP CODE]
[UNIT/APT NUMBER, if applicable]

NOTICE TO TENANT

TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:

You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.

AMOUNT DUE

DEMAND FOR PAYMENT OR POSSESSION

Pursuant to 25 Delaware Code § 5502, you are hereby required within FIVE (5) DAYS from the date of service of this notice to either:

1. PAY IN FULL the total amount of rent due as stated above; OR

2. QUIT AND DELIVER UP possession of the above-described premises to the undersigned Landlord.

CONSEQUENCES OF NON-COMPLIANCE

If you fail to pay the full amount of rent owed or quit and deliver possession of the premises within the five (5) day period, the Landlord will pursue legal remedies available under Delaware law, including but not limited to:

• Filing a Summary Possession action in the Delaware Justice of the Peace Court pursuant to 25 Del. C. § 5702;
• Seeking a judgment for possession of the premises;
• Seeking a money judgment for all unpaid rent, court costs, and any other amounts permitted by the lease agreement and Delaware law;
• Any other remedies available at law or in equity.

PAYMENT INSTRUCTIONS

Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]

Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Delaware [ZIP CODE]
[PHONE NUMBER]

IMPORTANT LEGAL NOTICES

1. Right to Cure: Under 25 Del. C. § 5502, if you pay the full amount of rent due within the five (5) day notice period, this notice shall be void and your rental agreement shall continue.

2. Summary Possession Process: If a Summary Possession action is filed, you will receive a summons and have the opportunity to appear and present defenses in court.

3. Warranty of Habitability: Under 25 Del. C. § 5305, landlords must maintain rental premises in compliance with applicable building and housing codes. You may have defenses if there are serious code violations.

4. Prohibited Retaliation: Delaware law (25 Del. C. § 5516) prohibits landlords from retaliating against tenants who exercise their legal rights.

5. Security Deposit: Your security deposit will be handled in accordance with 25 Del. C. § 5514.

6. Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.).

7. Legal Assistance: For legal help, contact:
   - Delaware Volunteer Legal Services: (302) 478-8680
   - Community Legal Aid Society: (302) 575-0660
   - Delaware State Bar Lawyer Referral: (302) 658-5279

RESERVATION OF RIGHTS

This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved. Acceptance of partial payment after this notice is served does not waive the Landlord's right to proceed with eviction unless the Landlord agrees in writing to waive the breach.

CERTIFICATION OF SERVICE

I, the undersigned, hereby certify that a copy of this Five-Day Notice to Pay Rent or Quit was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:

☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the premises
☐ Posting in a conspicuous place on the premises (if tenant absent and no suitable person available)
☐ Certified mail, return receipt requested

LANDLORD/AGENT SIGNATURE

Landlord/Authorized Agent Name: [PRINT NAME]

Signature: ____________________________________

Date: [DATE]

Address:
[LANDLORD ADDRESS]
[CITY], Delaware [ZIP CODE]

Telephone: [PHONE NUMBER]

Email: [EMAIL ADDRESS]

PROOF OF SERVICE

Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]

Signature: ____________________________________

Date of Service: [DATE]

Time of Service: [TIME]

Method of Service: [DESCRIBE METHOD USED]

This notice is intended to comply with the requirements of 25 Delaware Code §§ 5501-5502. It does not constitute legal advice. Consult a licensed Delaware attorney for guidance specific to your situation.