Delaware Cure or Quit Notices: A Tenant’s Guide

If you're a renter in Delaware, facing a notice from your landlord can be stressful—especially if you're unsure what it means or what to do next. This guide breaks down Cure or Quit Notices, a common step in the eviction or lease violation process, and explains your rights and options under Delaware law.

What Is a Cure or Quit Notice in Delaware?

A Cure or Quit Notice is a formal written warning from your landlord letting you know that you have allegedly violated your lease agreement. In Delaware, this notice gives you a set amount of time to either “cure” (fix) the issue or “quit” (vacate) the rental. It is often the first step in the eviction process for things like late rent, noise complaints, or having unauthorized occupants.

• Cure: Correct (or stop) the listed violation within the time required.
• Quit: Move out of the rental if you cannot or will not fix the problem.
• If you neither cure the problem nor leave, your landlord may file for eviction in Delaware’s Justice of the Peace Court (official site).

How Much Notice Does a Landlord Have to Give?

Under Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51, the usual periods are:

• For Lease Violations (other than nonpayment): At least 7 days to cure or quit.
• For Nonpayment of Rent: 5 days’ notice to pay (“cure”) or quit.

The notice must be delivered in writing and state the specific violation, the time to cure, and the consequences if not fixed.

What Must Be in the Notice?

• The date and address of the rental property
• The specific lease violation and how to correct it
• The deadline to cure or quit
• Warning that failure to comply may result in an eviction lawsuit

Official Forms and Filing

While Delaware law doesn’t provide a statewide “Cure or Quit” notice form, landlords must use written communication complying with Title 25, Chapter 51 requirements. The official eviction action, if it proceeds, uses the Summary Possession Complaint (JP Civ. Form No. 1):

• Form Name: Summary Possession Complaint (JP Civ. Form No. 1)
• Use: Landlords file this with Delaware’s Justice of the Peace Court if the violation isn’t cured or you do not move out after the notice period. You are served with this if formal eviction proceedings begin.
• The form and instructions can be found on the Justice of the Peace Court website.

What Should Delaware Tenants Do After Receiving a Cure or Quit Notice?

If you receive a Cure or Quit notice, here are some steps to protect your rights and respond effectively:

• Read the notice carefully. Note the deadline and the specific lease violation.
• If you disagree with the claim, gather any documents or evidence, such as photos or communications.
• If the issue is fixable (such as cleaning up or removing an unauthorized pet), correct the problem and inform your landlord in writing right away.
• If you cannot cure in time, consider negotiating for an extension or reaching out to legal services for support.
• Keep records of all conversations and repairs related to the notice.

Eviction Process After a Cure or Quit Notice

If you do not fix the problem or move out within the stated time, your landlord can initiate an eviction case (“Summary Possession”) in the Justice of the Peace Court. You will receive official court papers and a hearing date. You have the right to present your case and any evidence during this hearing.

FAQ: Delaware Cure or Quit Notices

1. Can I be evicted right away after receiving a Cure or Quit notice?
   No, you have the notice period—usually 5 or 7 days—to solve the problem or move out before the landlord can take you to court.
2. What if my landlord didn’t give me a written notice?
   Delaware law generally requires the notice to be in writing. If you were only told verbally, you may have a defense if the landlord files for eviction.
3. Is late rent considered a violation for a Cure or Quit notice?
   Yes, late rent is the most common reason. You must pay in full within 5 days unless your lease states otherwise.
4. Who handles eviction hearings in Delaware?
   Eviction cases are handled by the Delaware Justice of the Peace Court.
5. What if I fix the violation after getting the notice?
   If you cure the problem within the time limit, your landlord cannot proceed with eviction for that violation.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court — Handles eviction and housing disputes
• Delaware Department of Justice – Consumer Protection Unit — Tenant rights and complaint support
• Legal Services Corp. of Delaware — Free or low-cost legal aid for renters
• Delaware Residential Landlord-Tenant Code — Full official housing laws

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51
2. Delaware Justice of the Peace Court
3. Summary Possession Complaint (JP Civ. Form No. 1)
4. Delaware Department of Justice: Tenant Rights

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