Delaware Immediate Notice to Quit | Irreparable Harm / Class A Misdemeanor

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Updated June 01, 2022

A Delaware immediate notice to quit is a letter issued by a landlord to a tenant who has caused or threatened irreparable harm to another person or property or has been convicted of a class A misdemeanor or felony. Upon the tenant receiving notice, the lease agreement is terminated. If the tenant would like to defend themselves or refuses to vacate the premises they may defend themselves in court upon the landlord filing a Summary Possession (eviction).

Laws25 Del.C. § 5513(b)

How to Write

Download: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt)

1 – Obtain Your Copy Of The Notice To Quit Required In Delaware

Review the snapshot image of the file available through the “PDF,” “ODT” or “Word” buttons displayed.


2 – Directly Address The Tenant With The Concerned Property

Open this document then click in the first blank line (attached to the word “To”). Enter the full name of the Tenant targeted by this notice on this line. If you have printed this and are filling it out by hand, make sure this name is perfectly legible.      The statement at the beginning of the body of this notice contains several empty lines. The information you present to these lines must identify the premises that the Tenant must vacate. The wording of this statement will require you furnish this address in a specific order, starting with the city where the premises is located. Produce the name of the city on the first empty line of this paragraph then the County and Zip Code where the premises is located.      Notice that this statement continues with two more empty lines. Use the line attached to the phrase “…Number And Street As” then furnish the building number and the name or number of the street of the premises you expect the Tenant to vacate, keep in mind that if Tenant must vacate a specific apartment at the address reported, then produce it after the abbreviation “Apt.”           


3 – Cite The Original Agreement And The Tenant Violation(s)

The next paragraph expects two basic definitions at the heart of this notice. First, locate the original lease agreement then report its signature date to the empty lines following the term “…Agreement Signed On The” Note that the first available line expects the two-digit calendar date while the next two require the month and two-digit year of the original lease’s signature date.        You must provide a concise but reasonably definitive account of what Tenant actions have resulted in the issuing of this notice. The empty lines concluding this statement after “…Termination Is Specifically Described As” anticipate your production of this report. Keep in mind that any reason cited here must be “…In Accordance With § 5513(b) of the Delaware Residential Landlord-Tenant Code”                   


4 – Execute This Document Then Verify Its Delivery

The Property Manager, Landlord, or Agent responsible for sending and ensuring the delivery of this notice to the Tenant must sign his or her name on the blank line designated with the “Landlord/Agent Signature” label.              The ability of this notice to function correctly will rely heavily on the ability to prove its delivery as of a specific date. The page titled “Certificate Of Service” is included in this template for the use of the Delivery Agent. This is the individual who will attest to the Tenant’s receipt of the notice above. When this part of the document is returned you should verify a few things. First, make sure that the sentence beginning with “I Certify That On The” has been used to document the calendar date when this notice was delivered and the full name of the person it was delivered to.      Next, one of three checkbox statements must have been marked by the Delivery Agent to indicate how this notice was delivered to the Tenant. In this way, the Delivery Agent may let you know that this notice was served by “Delivering It Personally To The…” Tenant, “Delivering It ON the Premises To A Member Of His/her Family…Or An Employee Of Suitable Age And Discretion,” or by “First-Class Mail Addressed To The Person In Possession.”          Finally, the Delivery Agent must have also signed the “Signature” line as a way to confirm the validity of this document.