Delaware Notice to Vacate

About the Delaware Notice to Vacate

Many property managers use property management software to stay on top of rent collections and notice periods. A landlord or property manager in Delaware can use the Delaware Landlord Notice to Vacate Form when they want a tenant to vacate the rental property at the end of their lease (or leave in 30 days or more if there is no lease). Tenants can use the Delaware Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Delaware Lease Agreement. There are several other situations in which the Delaware Notice to Vacate might be used, like if the rental property has been sold or if the building has been condemned.

The Notice to Vacate form is useful in the following cases:

• The lease term is ending (for fixed-term leases).
• The tenant has a month-to-month lease in Delaware.
• The tenant hasn’t vacated the rental property after the lease has expired.
• The tenant doesn’t have a lease (e.g., verbal agreements or implied tenancy).
• The rental property is being sold, repurposed, or the landlord wishes to end a periodic tenancy (tenancy at will or month-to-month).
• To ensure legal accuracy, refer to the Delaware Code Title 25 - Property Chapter 53 and the Delaware Courts Eviction Guide.
• Used at the end of a lease agreement (for fixed-term leases).
• For month-to-month rental terminations, which in Delaware require at least 60 days’ written notice from either landlord or tenant unless the lease specifies otherwise (Title 25 § 5106(c) & § 5107).
• When the tenant remains after lease expiration (if they fail to vacate after proper notice).
• As part of a broader eviction process, or when ending a tenancy without a written lease.

DelawareNotice to Vacate - What should it Include?

The Delaware Notice to Vacate Form is an easy way to end your Delaware rental lease. Landlords or tenants in Delaware can use this form to communicate the date by which the rental property should be empty. For month-to-month leases (see the Delaware rental agreement for tenancies at will) most states will require at least a 30 Day Notice to Vacate. The Delaware Notice to Vacate could be given in the form of a 30 Day Notice to Vacate, 60 Day Notice to Vacate, or a 90 Day Notice to Vacate, depending on the circumstances. The notice period required is typically defined in the rental lease terms.

1. Address of the Rental Property: Full legal address and unit description.
2. Name of tenant and other persons who need to vacate the property: Full legal names of all involved parties.
3. Date of the Notice.
4. Landlord or Property Manager's Name: Include the full name or legal business name of the person or entity issuing the notice.
5. Notice Period: Clearly state the notice length.
6. Move-Out Date (Vacate Date): The exact date the tenant must vacate the premises and return possession to the landlord.
7. Reason for Lease Termination.
8. Signature of Party Giving Notice: Landlord’s or tenant’s signature, depending on who is initiating the notice.
9. Legal Disclaimer: A statement acknowledging that the form complies with Delaware Code Title 25 - Property Chapter 53  and may not be valid outside Delaware.

Delaware Notice to Vacate – What should I do with it?

If you are a tenant who has received the Delaware Landlord Notice to Vacate, you may need to remove all of your possessions and vacate the rental property by the date stated on the Notice to Vacate Form. If you are a landlord or property manager who has received the Delaware Tenant Notice to Vacate, you should start finding a new tenant for your rental property. If a Notice to Vacate is given before a tenant’s Delaware Lease Agreement has ended, additional actions may need to be taken by either party depending on the terms of the Delaware rental agreement.

Delaware Notice to Vacate – What else should I know?

If you’re planning to end a tenancy in Delaware, using the correct notice type and timing (7 or 60 days) is essential to stay compliant with state law. The following key points explain when to use a Notice to Vacate, how it differs from other forms, and what steps help avoid common mistakes.

• Purpose: A Delaware Notice to Vacate tells a tenant to move out after the lease ends (typically for month-to-month tenancies) or when there is no written lease. It’s similar to a Notice to Quit, but generally applies to no-fault or non-violation situations.
• Not an Eviction: This notice does not evict the tenant or terminate an active lease. If the tenant stays past the notice period, the landlord must file an eviction action in court under Delaware Landlord-Tenant Code (Title 25).
• When to Use Other Forms:
  • Use a 5-Day Notice to Pay Rent or Quit for nonpayment of rent, as required by Delaware Code Title 25 § 5502.
  • Use a 7-Day Notice to Correct or Vacate for other lease violations, under Title 25 § 5513.
  • Use a Lease Termination Form to end a fixed-term lease early when allowed by the rental agreement or statute
• Timing & Compliance:
  • Landlords must give 60 days’ written notice to end a month-to-month tenancy (Title 25 § 5106(c)).
  • Tenants must give 60 days’ written notice to end a month-to-month rental.
  • Delaware does not have statewide just-cause eviction laws, but landlords must still follow anti-retaliation and anti-discrimination rules.
  • Additional requirements may apply for federally subsidized housing (e.g., Section 8).
• Serving the Notice & Avoiding Mistakes:
  • Deliver the notice in person, by leaving it at the tenant’s residence, or by certified/registered mail (as permitted by Delaware service rules). Always keep proof of delivery.
  • Include the names of the landlord and tenant, property address, notice period, move-out date, and contact details.
  • Add instructions for key return, final walkthrough, and security-deposit refund timeline (landlords must return security deposits within 20 days after the lease ends per Title 25 § 5514).
  • Keep detailed records of all communications for legal protection

Key Terms & Provisions

A Delaware Notice to Vacate is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the rental agreement. It must comply with Delaware Landlord and Tenant Act and be delivered in a legally acceptable way:

• Date of Notice – The specific calendar date when the notice is issued.
• Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
• Rental Property Address – Full legal address and unit description.
• Notice Period: Clearly state the notice length 
• Move-Out Date
• Reason for Termination
• Signature of Party Giving Notice: Landlord’s or tenant’s signature, depending on who is initiating the notice.
• Legal Disclaimer: A statement acknowledging that the form complies with Delaware Code Title 25 - Property Chapter 53 and may not be valid outside Delaware.

Why Delaware Landlords & Property Managers Choose SimplifyEm Notice to Vacate Template?

We know how important it is to handle lease terminations legally and efficiently in Delaware. That’s why our Delaware Notice to Vacate Template is built to simplify the process and reduce legal risk. Here’s why property managers and landlords across the state rely on SimplifyEm’s trusted template:

• Legally Compliant – Our Notice to Vacate form aligns with the Delaware Code Title 25 - Property, ensuring your notices follow the state’s required legal standards.
• Covers 5-Day, 10-Day, and 60-Day Notice Requirements – Whether you’re dealing with nonpayment of rent (5-Day Notice to Quit), other lease violations (10-Day Notice to Quit), or ending a month-to-month tenancy (60-Day notice as required by Title 25, § 5107), our template has you covered.
• Clear & Easy to Fill Out – Designed for both landlords and tenants, the form’s simple layout makes it easy to enter key details, specify move-out dates, and issue notices correctly.
• Helps Avoid Disputes – Clear language and built-in documentation guidance help reduce misunderstandings and prevent costly legal issues at move-out.
• Trusted by Thousands of Property Owners – Backed by SimplifyEm, a top-rated property management platform used by landlords and managers nationwide to stay compliant and organized.

Why choose us