Delaware 5 day notice letter

8 Replies

Well, I bought my first rental property and long story short I inherited a bad tenant.  I ended filing for eviction, but was told that the pay or quit letter I found online was "invalid".  Luckily he didn't show up to court and just move out on his own, but I'd like to have a good template for the next time I need to send notice.  Do any of my fellow Delaware landlords have an appropriate 5 day notice template?

John,

You should contact Michael P. Morton the next time you have a tenant who fails to pay rent.  He is the gold standard for landlord representation in Delaware.  Once you have paid him to handle one case for you, ask for a copy of your file.

In the file, you will have models for all the necessary letters and pleadings for the price of one eviction proceeding (less than your security deposit).  Be forewarned however, once you use Mike's office, you might not want to do it yourself.  He is that reasonable and that good!

@Brian Tome  Thanks the recommendation.  I may even have to get his opinion on if I should file debt action against my previous tenant, even though I believe that may be like getting blood from a stone.

John,

If the tenant has a good job, I would not discount a debt action/wage attachment.  I am three checks away from collecting the full debt (more than $5000.00) on behalf of one of my clients.  It has taken a couple of years to find her, find her employer, and attach her wages, but the whole time the debt was accumulating 10% post judgment interest.

The debt action for past due rent is similar to the eviction process, so Mike can help you there too.

Good luck!

@John Cimino

 do you still need a copy of the 5 day letter? I can send you mine, I have used it in numerous eviction hearings. The tricky part is when you have more than one tenant on the lease - you have to send each of them a 5 day letter in its own envelope, even though all letters go to the same address. I had a case where the defendants appeared in court with a free lawyer and claimed improper notification because the 5-day letters were sent in one envelope. The irony is that the case dismissed on a technicality on their record hurts them MORE than an uncontested eviction would have...

This post has been removed.

@Rumen Mladenov

 Thanks for the offer and advice for multiple tennants, but I now have a copy of one from using @Brian Tome  lawyer recommendation.   If you have a good 7 day letter for rule violation, I'd love to a copy for my records in case I need it in the future.  

@John Cimino I would suggest that you use a professional property management company.

The tenants should never meet the owner because they'll see you as a person. PM' s are companies it cost between 8 and 10% of the monthly rent.

You can write off as an expense

Advice from a realtor

I'm not saying using a property manager is bad, but a lot of responses on this forum are to get a property manager. its like they are all on here just waiting to post that all the time.

Join the Largest Real Estate Investing Community

Basic membership is free, forever.