Delaware 5 Day Notice to Quit | Non-Payment

The Delaware five (5) day notice to quit, pursuant to § 5502, is to be served to a tenant who has failed to pay their rent. The notice must be served before the landlord can file for possession of the rental unit. If the tenant fails to pay the rent within the five-day notice period (excluding weekends), the landlord can file an action for summary possession (i.e. eviction) at the local Justice of the Peace Court.

How to Write

Step 1 – Download the form in .PDF format. Enter the date and name of the tenant at the top of the form.

Step 2 – Next to the “Rental Period:” and “Rent Due:” fields enter the dates of the rental period and the corresponding rent amounts for those periods.

Step 3 – Enter the total amount of rent due in the “Total rent due:” field. Below that, enter the total balance due.

Step 4 – Fill in the initial date of the lease agreement. In the same paragraph, enter the number of days (5) that you will give to the tenant to pay the owed rent.

Step 5 – Select whether you will or will not terminate the lease if the rent is not paid within the five (5) day period. Enter the full address of the rental unit along with any internal designations (e.g. rental unit name). Sign your name at the bottom of the form.

Step 6 – Make several copies of the notice before serving it to the tenant. If possible, it’s best to hand deliver the notice to the tenant.