Fill and Sign the 5 Days Notice Form

Notice to Pay Rent – page 1 5-DAY NOTICE TO PAY RENT OR LEASE TERMINATES - RESIDENTIAL TO: Tenant(s): FROM: Landlord Address of Leased Premises: NO TICE IS HEREBY GIVEN that you are in breach of the Lease Agreement on the above described lease premises due to failure to timely pay rent. Except a s provided below, within five (5 ) days after service of this notice upon you, you must pay in full to Landl ord the rent and other charges now due and unpaid, as follows: $ Rent for $ Late Charges $ Other $ Other $ Total (exclusive of future accruing costs Payment will be accepted only by: cash; money order; cashier’s or certified check; personal check IF YOU FAIL TO TENDER FULL PAYMENT, your Lease will be terminated and you must surrender possession of the premises to Landlord. If you fail, within the five (5) day notice period, either to pay the total charges in full, or to surrender possession of the premises, legal proceedings will be commenced against you to recover possession and to recover a judgment for the rent and damages for your unlawful detention of the premises, and all costs of court including attorneys’ fees to the extend allowed by applicable law and/or th e lease agreement. Surrender of the premises does not relieve you of liability for the outstanding balance. The ______ (__) day notice period described herein shall expire at: o’clock [a.m./ p.m.], on the day of , 20 . LANDLORD RESERVES ALL RIGHTS AND REMEDIES UNDER THE LEASE AGREEMENT A ND UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO CONTRACTUA L DAMAGES FOR UNPAID RENT, AND NOTHING IN THIS NOTICE SHOULD BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF SAME. If you have any questions, please call , at . Signed, this the day of , 20 . Signed : Landlord/Lessor, or authorized agent Notice to Pay Rent – page 2 PROOF OF DELIVERY A copy of this Notice was delivered to Tenant: by hand by registered/certified mail at the above address, which is: the place designated by Tenant for receipt of communications; Tenant’s last known place of residence; by posting prominently on the front door of the leased premises. Notice delivered/mailed/posted by: Sign Name Print Name In his/her capacity as: Landlord/Lessor; Manager; Agent. Notice delivered/mailed/posted on: [date] NOTE: The Delaware Code requires the following regarding service of notices: Title 25, Chap. 51, § 5113: Service of notices or pleadings and process. (a) Any notice or service of process required by this Code shall be serve d either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person's rental unit or usual place of abode with an adult person residing th erein; and upon the landlord by leaving a copy thereof at the landlord's address a s set forth in the lease or as otherwise provided by landlord with an adult person residing ther ein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Supreme Cour t Rule 57, service of the notice or process may be made by leaving a copy thereof a t its office or place of business as set forth in the lease with an agent authorized by app ointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process r equired by this Code, a copy of such notice or process may be sent by registered or certifie d mail or 1st-class mail as evidenced by a certificate of mailing postage-prepaid, add ressed to the tenant at the leased premises, or to the landlord at the landlord's business address as set forth in the lease or as otherwise provided by landlord, or if the landlor d is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of b usiness. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by 1st-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. (c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives: 1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or Notice to Pay Rent – page 3 (2) Personal service by a special process-server appointed by the Court.