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Delaware 5-Day Notice to Pay or Quit | Non-Payment of Rent

A Delaware 5-day notice to pay or quit is sent by a landlord when a tenant has not paid rent at the time and place mentioned in the lease. The landlord can send the notice immediately. However, the landlord cannot charge the tenant a late fee until after the 5th day rent is late.
PDF

Updated November 04, 2024

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Laws

  • Notice Period: 5 days[1]
  • Rent Grace Period: 5 days (applies to late fees only)[2]
  • Maximum Late Fee: 5% of the monthly rent.[3]

Delivery Options (2)

The landlord can deliver this notice in one of the following ways:
  1. In-Person. If delivered in person, the notice can be given to the tenant or to an occupant at least 18 years of age.[4]
  2. Mail. If sent in the mail, the notice can be sent via certified mail, registered mail, or first class mail with the return receipt held as “prima facie evidence.”[5]
  3. Process Server. Personal service by a special process-server appointed by the court.[6]

Sample

Download: PDF

 

Sources

  1. 25 § 5502
  2. 25 § 5501(d)
  3. 25 § 5501(d)
  4. 25 § 5113(a)
  5. 25 § 5113(b)
  6. 25 § 5113(c)(2)