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Updated June 29, 2022

A Delaware 5-Day Notice to Quit (Non-Payment of Rent) is a legal document used to serve a tenant when they fail to pay rent on time. This notice is drafted by the landlord and once delivered to the tenant, the tenant has 5 days to pay the amount owed. If the tenant remains in default after the 5 days, the landlord has the ability to bring an action against the tenant for summary possession.

If late charges are set in the rental agreement, the landlord can charge a late fee by notifying the tenant of such fees with an action. Important note for landlords: The landlord, by law, may not initiate an action for failure to pay rent or summary possession if the tenant pays all rent due before the landlord has initiated an action demanding unpaid rent and accepts such payment without a written reservation of rights.

Laws 25 Del.C. § 5502

How to Write

Download the form and begin filling in the following information in the blank fields.

  • Date
  • Name of Tenant
  • Rental period for late rent
  • Amount of rent due
  • Total rent due
  • Less partial payment
  • Total balance due
  • Enter date and amount of days able to fix the breach (cannot be less than 5)
  • Check whether or not the lease will terminate after the stated amount of days
  • Landlord’s Signature