60-Day Notice to Terminate Tenancy Without Cause (Delaware)

60-DAY NOTICE TO TERMINATE TENANCY WITHOUT CAUSE — DELAWARE

TABLE OF CONTENTS

1. Notice Block
2. Identification of Parties and Premises
3. Type of Tenancy and Statutory Basis
4. Termination Date — § 5106(d) Calculation
5. Demand to Vacate
6. Move-Out Procedures and Security Deposit
7. Consequences of Holdover
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

SIXTY (60) DAY NOTICE OF TERMINATION OF TENANCY

Pursuant to 25 Del. C. § 5106

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. TYPE OF TENANCY AND STATUTORY BASIS

This notice is given pursuant to 25 Del. C. § 5106 with respect to the tenancy described below (check one):

☐ A. Month-to-Month Tenancy. The tenancy is month-to-month. Landlord is exercising the right under § 5106(d) to terminate the rental agreement upon a minimum of 60 days' written notice. The 60-day period begins on the first day of the calendar month following the day of actual notice.

☐ B. Fixed-Term Tenancy — Nonrenewal at Expiration. The fixed-term rental agreement is set to expire on [__/__/____]. Landlord is exercising the right under § 5106(a) to give the minimum 60 days' written notice prior to expiration that the rental agreement shall terminate upon its expiration date and shall NOT be renewed.

☐ C. Other periodic tenancy. [DESCRIBE — e.g., week-to-week (note that § 5106(d) speaks only to month-to-month; week-to-week notice rules generally derive from the rental agreement; consult counsel)]: [________________________________]

4. TERMINATION DATE — § 5106(d) CALCULATION

Pursuant to § 5106(d), where the tenancy is month-to-month, the 60-day period "shall begin on the first day of the month following the day of actual notice."

Calculation worksheet:

For fixed-term nonrenewal under § 5106(a), the termination date is the expiration date of the fixed-term lease, provided this notice is given at least 60 days prior.

5. DEMAND TO VACATE

YOU ARE HEREBY NOTIFIED that the rental agreement covering the above-described premises shall terminate as of the TERMINATION DATE identified above.

DEMAND IS HEREBY MADE that you and all other occupants vacate, surrender, and deliver possession of the rental unit to Landlord (or Landlord's agent) on or before the TERMINATION DATE.

You must:

☐ Remove all personal property from the rental unit;

☐ Return all keys, fobs, garage remotes, and access devices to Landlord at: [________________________________];

☐ Leave the rental unit in the condition required by 25 Del. C. § 5503 (clean and undamaged, ordinary wear and tear excepted); and

☐ Provide Landlord with a forwarding address for the security-deposit accounting and refund required by 25 Del. C. § 5514.

6. MOVE-OUT PROCEDURES AND SECURITY DEPOSIT

Move-out inspection. You may request a joint move-out inspection. Landlord will accommodate any reasonable request scheduled before the Termination Date.

Security deposit refund (25 Del. C. § 5514). Landlord shall:

1. Within 20 days after the termination of occupancy, send to your forwarding address an itemized list of any damages claimed and estimated costs of repair, together with the balance of the security deposit;
2. Failure to provide the itemized list within 20 days entitles you to double the amount wrongfully withheld;
3. Security deposits are capped at one month's rent for leases of one year or longer (25 Del. C. § 5514(a));
4. Landlord must hold security deposits in a federally-insured Delaware escrow account and disclose the account to you (§ 5514).

Forwarding address:

[________________________________]

[________________________________]

7. CONSEQUENCES OF HOLDOVER

If you remain in possession of the rental unit after the Termination Date:

1. You will be a holdover tenant and the rental agreement will not be deemed renewed;
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 holdover use and occupancy at the rental rate (or any greater rate permitted by lease/law), court costs, and damages;
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.

8. TENANT'S RIGHTS AND DEFENSES

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

☐ Right to remain through the Termination Date. You may not be lawfully removed before the Termination Date. Self-help by Landlord is prohibited under § 5313 and triggers treble damages.

☐ Right to dispute the notice at the JP Court hearing on the following grounds, including but not limited to:

• Defective notice (insufficient days, mis-stated termination date, mis-identified premises)
• Improper service
• Retaliation within 90 days of a protected complaint, including a complaint about Code violations, organizing a tenant association, or pursuing legal remedies (25 Del. C. § 5516) — burden shifts to landlord to show non-retaliatory motive
• Discrimination based on a protected class (race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, housing status) under 6 Del. C. ch. 46 and 42 U.S.C. § 3601 et seq.
• Servicemember protections under SCRA (50 U.S.C. § 3901 et seq.)
• Failure of landlord to deliver Rental Code Summary (§ 5118)
• Acceptance of rent for any period after the Termination Date by Landlord, which may waive the termination

☐ Right to legal counsel:

• 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 if a Complaint is filed (25 Del. C. § 5702A).

9. RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies available under the rental agreement and Delaware law, including the right to (i) accept rent for the period through the Termination Date without waiving termination (rent so accepted is for use and occupancy only), (ii) seek a money judgment for any holdover damages, (iii) pursue summary possession upon any holdover, (iv) recover attorney's fees only if and to the extent independently authorized by statute (note: § 5111 generally renders contractual attorney-fee provisions unenforceable in residential leases), and (v) pursue any other action permitted by law. No course of dealing shall waive any of these rights.

This is a no-cause, statutory termination. Landlord is not required to state a reason. However, the termination must not be retaliatory or discriminatory.

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 60-Day Notice of Termination 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. The 60-day rule is unusually long. Among U.S. jurisdictions, Delaware's 60-day no-cause notice (§ 5106) is one of the longest. Most states require 30 days for month-to-month termination. Plan move-out / re-leasing schedules accordingly.

B. The "first-of-next-month" trigger. § 5106(d) is unforgiving: a notice given on March 5 means the 60-day clock starts April 1, terminating effectively May 31. JP Courts strictly enforce the calculation. When in doubt, give 65-70 days.

C. Same rule for fixed-term nonrenewal. § 5106(a) requires 60 days' written notice before the expiration of a fixed-term lease that the lease will not be renewed. A landlord who fails to give timely nonrenewal notice may inadvertently allow the lease to convert to month-to-month — and then must give a fresh 60-day notice under § 5106(d).

D. Acceptance of rent for any period after the Termination Date generally waives the termination. Direct your office to refuse or, if accepted, refund any rent for post-termination periods promptly with written reservation of rights.

E. Retaliation is the dominant defense. § 5516 establishes a 90-day window: any termination within 90 days of a tenant's good-faith complaint about Code violations, tenant-organizing activity, or pursuit of legal remedies is presumed retaliatory. Landlord bears the burden of rebutting. Document any non-retaliatory legitimate business reason in writing BEFORE serving this notice.

F. Discrimination scrutiny. Delaware's FHA (6 Del. C. ch. 46) covers an extremely broad set of classes, including source of income, sexual orientation, gender identity, military status, and housing status. The federal FHA (42 U.S.C. § 3601 et seq.) and HUD case law overlay these. Document the legitimate, non-discriminatory rationale.

G. Manufactured-home lot tenancies — DIFFERENT RULES. The Manufactured Home Owners and Community Owners Act (25 Del. C. ch. 70) provides JUST-CAUSE protections to lot tenants in manufactured-home communities. A no-cause termination is NOT permitted. DO NOT use this template for those tenancies.

H. Subsidized housing (HUD/PHA/HCV). Tenants under Section 8 / Housing Choice Voucher / public housing programs may have additional federal good-cause eviction protections. Verify program rules.

I. Wilmington / county overlays. Wilmington C. § 35-2 et seq. (housing code), New Castle County Code, and Sussex County Code may impose supplementary procedures or anti-discrimination protections.

J. Self-help is illegal. § 5313 — treble damages or 3× per-diem rent (whichever is greater) plus costs. Wait for the Constable.

K. Security deposit timing. 20 days from termination of occupancy. Failure = DOUBLE damages. Begin the move-out inspection process before the Termination Date and prepare itemizations promptly.

14. SOURCES AND REFERENCES

• 25 Del. C. § 5106 — Rental agreement; term and termination of rental agreement: https://delcode.delaware.gov/title25/c051/sc01/index.html
• 25 Del. C. § 5107 — Holdover after termination: 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
• 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. § 5514 — Security deposits: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5516 — Retaliation prohibited: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. § 5701 et seq. — Summary Possession: 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. ch. 70 — Manufactured Home Owners and Community Owners Act: https://delcode.delaware.gov/title25/c070/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