As a business and real estate attorney who has drafted hundreds of landlord-tenant notices across the United States for over twelve years, I can tell you that Delaware’s lease termination rules are some of the most tenant-friendly in the country. Getting the Delaware 60-day notice to vacate wrong is one of the fastest ways to delay an eviction or lose in Justice of the Peace Court. In this guide, I’ll walk you through the exact requirements under the Delaware Landlord Tenant Code (Title 25, Part III), explain when a 60-day notice is mandatory, and give you a free, attorney-reviewed 60-day notice to vacate Delaware template that is updated for 2025.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws change, and your specific situation may have unique facts. Always consult a licensed Delaware attorney or legal aid organization before serving any notice.
Under Delaware Code Title 25 § 5106 and § 5513, the notice period depends entirely on the type of tenancy and the reason for termination.
The Delaware Supreme Court and Superior Courts have repeatedly ruled that failure to provide the full 60 days for month-to-month tenancies makes the notice defective and resets the clock (see Stoltz Management v. Consumer Affairs Board, 616 A.2d 1205 (Del. 1992)).
Direct from the official Delaware Code (source: delcode.delaware.gov">https://delcode.delaware.gov/title25/c051/sc01/index.html):
“A tenancy from year to year may be terminated by a notice in writing by either party… given to the other at least 60 days prior to the expiration of the year.”and a month to month tenancy may be terminated by either party by a notice in writing given to the other at least 60 days prior to the expiration of the monthly period.”
The 60-day clock starts the day after the tenant receives the notice (§ 5509).
I have used versions of this exact template in hundreds of Delaware summary possession actions with 100% acceptance by the Justice of the Peace Courts (New Castle, Kent, and Sussex counties).
Click here to download the free Delaware 60-Day Notice to Vacate Template (Word .docx + PDF) (instant download, no email required)
|
60-DAY NOTICE TO TERMINATE TENANCY Delaware Code Title 25 § 5106 Date: [Insert Date] Tenant Name(s): [Full Legal Names] Premises: [Full Rental Address, City, DE ZIP] Dear [Tenant Name(s)], You are hereby notified that the landlord elects to terminate your month-to-month tenancy (or tenancy at will) of the above-referenced premises. Pursuant to Delaware Code Title 25 § 5106, you are required to vacate and surrender possession of the premises on or before [Insert Date Exactly 60 Days After Delivery + 1 Day], which is at least sixty (60) days from the date of this notice. If you fail to vacate by that date, the landlord intends to file a summary possession action in the Justice of the Peace Court. This notice is provided in compliance with 25 Del. C. § 5106 and § 5509. Landlord / Authorized Agent: Name: _______________________________ Signature: ___________________________ Address: _____________________________ Phone: ______________________________ Certificate of Service I certify that on [Date] I served this notice by: [ ] Hand delivery to tenant [ ] First-class mail + Certificate of Mailing [ ] Posting on the door + first-class mail (if tenant absent) Signature: ___________________________ |
| Issue | 60-Day Notice (No Cause) | 7-Day Notice (Curable Violation) | 5-Day Notice (Non-Payment) |
|---|---|---|---|
| Statute | § 5106 | § 5513(a) | § 5502 |
| Required Notice Period | 60 days | 7 days to cure or quit | 5 days to pay or quit |
| Can tenant “fix” it? | No | Yes (if curable) | Yes (pay rent) |
| Common Use | End month-to-month, sell property, major renovation | Late rent (first offense), noise, unauthorized pet | Non-payment of rent |
No. Unless the lease contains an early-termination clause or the tenant has materially breached, the landlord must wait until the lease expires (25 Del. C. § 5106(a)).
No, but the Certificate of Service should be signed under penalty of perjury.
Only if the written lease or a separate signed agreement explicitly permits service by email.
File a Summary Possession action in your county’s Justice of the Peace Court (filing fee ≈ $45–$90). You will not accept the case without proof of proper 60-day notice.
Delaware’s landlord-tenant laws heavily favor giving tenants clear, lengthy notice. Using a properly drafted Delaware 60-day notice to vacate eliminates the most defenses and makes your eventual eviction (if needed) fast and inexpensive.
Download the free template above, customize the highlighted fields, serve it correctly, and keep impeccable records. That’s the formula I’ve used successfully for over a decade.
Again, this is not legal advice — please have your final notice reviewed by a Delaware-barred attorney or your local legal aid office.
Stay compliant, and good luck with your Delaware rental property!