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Fill and Sign the Delaware Notice Form

Fill and Sign the Delaware Notice Form

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NOTICE OF TERMINATION FOR VIOLATION OF RESIDENTIAL LEASE MATERIALLY AFFECTING HEALTH OR SAFETY TO: Tenant(s): FROM: Landlord Address of Leased Premises: PLEASE TAKE NOTICE: you are in default under the terms and conditions of your Lease Agreement, due to the following breach or breaches thereof which materially affects health and/or safety: [describe] You are allowed no opportunity to cure this default. You must vacate the premises by the following deadline: the day of , 20 If you fail or refuse to vacate the premises by the stated deadline, as Landlord/Lessor I will begin legal action to evict you. THIS NOTICE OF DEFAULT IS GIVEN PURSUANT TO APPLICABLE LAW AND IN NO WAY IMPAIRS ANY OF THE OTHER REMEDIES OR RIGHTS OF THE LANDLORD / LESSOR, EITHER UNDER THE LEASE AGREEMENT OR UNDER APPLICABLE LAW. If you have any questions please call at . Issued this the day of , 20 . Signed: Landlord, or authorized agent Notice of Default – page 1 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 served 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 therein; and upon the landlord by leaving a copy thereof at the landlord's address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, 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 Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or 1st-class mail as evidenced by a certificate of mailing postage-prepaid, addressed 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 landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business. 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 (2) Personal service by a special process-server appointed by the Court. Notice of Default – page 2

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