Delaware Notice to Pay Rent or Quit (5-Day)
Create a free Delaware notice to pay rent or quit. Delaware requires a 5-day notice to pay rent or quit. Fill in the details, preview it live, and download a PDF or email it.
Delaware requirement
Delaware requires a 5-day notice to pay rent or quit. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
Tenant Name(s)
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⚠ Delaware requires a 5-day notice for a notice to pay rent or quit; the count runs from the date of SERVICE, and some states exclude weekends/holidays — verify before relying on a date. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
Notice to Pay Rent or Quit (Delaware)
NOTICE TO PAY RENT OR QUIT
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that rent is now due and unpaid in the amount of $________. This amount is for unpaid RENT only and excludes late fees, utilities, and other charges unless your state and lease allow them.
You are required to PAY the full amount of rent due within 5 days after this notice is served on you, OR to vacate and surrender possession of the property. Payment must be made to [LANDLORD/AGENT NAME] at [LANDLORD ADDRESS], by cash, check, or money order. If you mail payment, it must be RECEIVED by the deadline.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under Del. Code Ann. tit. 25, §§ 5106, 5502, 5513; Ch. 57 (Summary Possession).
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
This notice is given without waiving, and the landlord expressly reserves, all other rights and remedies, including the right to recover unpaid rent and damages.
How this notice may be served: Per 25 Del. C. § 5706, the summons/complaint is served like a personal-service summons. If personal service fails, it may be left with a person of suitable age and discretion who resides or is employed at the unit. If no such person is found after reasonable effort, it is posted on a conspicuous part of the rental unit AND mailed by certified mail or first-class mail with certificate of mailing. The pre-suit termination notice (5-day pay, 7-day cure) is "given or sent" in writing to the tenant.
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court. Confirm Delaware and local rules first.
Delaware Notice to Pay Rent or Quit Rules
A Notice to Pay Rent or Quit is the first step a landlord takes when a tenant has not paid rent. It demands that the tenant pay the full amount owed within the state's required number of days or move out, before the landlord can file for eviction.
Delaware requires a 5-day notice to pay rent or quit. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice. The notice is served under Del. Code Ann. tit. 25, §§ 5106, 5502, 5513; Ch. 57 (Summary Possession).
How to Serve a Notice to Pay Rent or Quit in Delaware
Per 25 Del. C. § 5706, the summons/complaint is served like a personal-service summons. If personal service fails, it may be left with a person of suitable age and discretion who resides or is employed at the unit. If no such person is found after reasonable effort, it is posted on a conspicuous part of the rental unit AND mailed by certified mail or first-class mail with certificate of mailing. The pre-suit termination notice (5-day pay, 7-day cure) is "given or sent" in writing to the tenant. A defective notice or improper service can get an eviction dismissed.
Frequently Asked Questions
How many days is a Delaware notice to pay rent or quit?
Delaware requires a 5-day notice to pay rent or quit. 25 Del. C. § 5502: after rent is due, the landlord demands payment and notifies the tenant in writing that unless paid within a stated time, "not less than 5 days after the date notice was given or sent," the rental agreement terminates. Verified verbatim against delcode.delaware.gov. 5 calendar days is the statutory minimum; the landlord may grant longer. A separately required late-fee/grace provision (§ 5501(d)) gives a 5-day grace before a late fee, but the pay-or-quit notice itself is the 5-day § 5502 notice.
What happens after I serve the notice?
If the tenant does not comply by the deadline, you can file an eviction case in Delaware court. Only a court order, enforced by a sheriff or constable, can remove the tenant.
Can I email or download the notice?
Yes — fill in the form above, then download the PDF or email a copy to yourself. Serve it on the tenant using a method Delaware allows.
Disclaimer
This Delaware notice to pay rent or quit generator is a self-help tool for general informational purposes only and is not legal advice. Confirm Delaware and local requirements before serving.