Last Updated on November 30, 2023 by Amanda Rose
If you are a tenant in Delaware and you plan to move out of your rental property, you are required to provide your landlord with a 60-day notice to vacate. This notice must be in writing and must be delivered to your landlord by certified mail or hand-delivered.
The 60-day notice requirement gives your landlord enough time to find a new tenant and prepare the property for the next occupant.
As a tenant, it is important to understand the 60-day notice requirement and follow the proper procedures when providing notice to vacate. Failure to provide proper notice can result in legal consequences.
Including, being held responsible for rent payments until the end of the lease term or being sued by your landlord for damages. On the other hand, if you provide proper notice and follow the procedures, you can avoid potential legal disputes and ensure a smooth transition out of your rental property.
- Tenants in Delaware are required to provide a 60-day notice to vacate when moving out of a rental property.
- Failure to provide proper notice can result in legal consequences, while following the proper procedures can ensure a smooth transition out of the rental property.
- Providing a 60-day notice gives landlords enough time to find a new tenant and prepare the property for the next occupant.
- What Rights Do Tenants Have in Delaware?
- What a Landlord Cannot Do in Delaware
- Is Delaware a Landlord-Friendly State?
Understanding the 60-Day Notice Requirement
If you are a tenant or a landlord in Delaware, it is important to understand the 60-day notice requirement. This notice is required when either party wants to terminate a rental agreement. Including, a month-to-month lease. In this section, we will discuss the legal framework and tenant rights as well as landlord obligations and proper service.
Legal Framework and Tenant Rights
Under Delaware law, a landlord must give a tenant at least 60 days’ written notice before the expiration date of the rental agreement if the landlord intends to renew the agreement subject to amended or modified provisions.
Tenants have the right to receive this notice and to know the expiration date of their lease. If the tenant remains in the rental unit after the termination date, the landlord can file a legal action to evict the tenant.
Landlord Obligations and Proper Service
Landlords must serve the notice in an acceptable manner. The notice can be served by personal service, special process-server, service by mail, or service of process.
If the landlord decides to serve the notice by mail, they can use first-class mail, certified mail, or registered mail. If the landlord uses certified or registered mail, they must also request a return receipt. The certificate of mailing or the return receipt is prima facie evidence of the service of the notice.
It is important to note that the 60-day notice requirement does not apply in certain situations, such as when the tenant has violated the lease or when the tenant has failed to pay rent.
In these cases, the landlord can give the tenant a 5-day notice to quit or an immediate notice to vacate. If the tenant does not comply, the landlord can file a legal action to evict the tenant.
Procedures Following the Notice
Once you have served your tenant with a 60-day notice to vacate in Delaware, there are several procedures you need to follow to ensure a successful eviction process.
Eviction Process and Court Involvement
If the tenant fails to vacate the rental unit after the expiration of the 60-day notice, you can start the eviction process by filing a complaint with the court.
The court will then serve the tenant with a summons and complaint, and hold a hearing to determine whether the eviction is justified. If the court rules in your favor, it will issue a writ of possession, which allows you to regain possession of the rental unit.
Tenant’s Compliance and Moving Out
If the tenant decides to comply with the notice and vacate the rental unit, they must do so by the end of the 60-day period. They must also remove all their personal property from the unit and leave it in a clean and undamaged condition. If the tenant fails to comply with the notice, you can take legal action to remove them from the rental unit.
Remember that as a landlord in Delaware, you are required to follow the proper procedures for eviction and cannot evict a tenant without just cause. Additionally, you must return the tenant’s security deposit within 20 days of the tenant vacating the rental unit.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Amanda Rose is a seasoned landlord with 13+ years of expertise in overseeing diverse properties. Her adept management spans single and family homes, along with multi-family apartments and condos, across Wyoming and South Dakota. Her commitment and proficiency have cemented her status as a thriving property management professional.
She is a member of the following organizations: Wyoming Landlord’s Association, National Association of Residential Property Managers (NARPM), Wyoming Apartment Association, South Dakota Multi-Housing Association (SDMHA), and South Dakota Landlord Association (SDLA).