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Fill and Sign the Delaware Pay Rent Form

Fill and Sign the Delaware Pay Rent Form

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5-DAY NOTICE TO PAY RENT OR LEASE TERMINATES - RESIDENTIAL TO: Tenant(s): FROM: Landlord Address of Leased Premises: NOTICE 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 as provided below, within five (5 ) days after service of this notice upon you, you must pay in full to Landlord 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 the 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 AND UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO CONTRACTUAL 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 PROOF OF DELIVERY A copy of this Notice was delivered to Tenant: Notice to Pay Rent – page 1 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 to Pay Rent – page 2

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