Either party may end a month-to-month tenancy with at least 60 days' written notice under Del. Code tit. 25 § 5106, starting the first of the next month. Section 5314 allows early termination on 30 days' notice for entering active military service or for victims of domestic abuse, sexual offenses, or stalking.
Under Del. Code tit. 25 § 5106, for a month-to-month tenancy 'the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days' written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.' Fixed-term leases run to their end date, with the same 60-day notice before expiration to avoid automatic renewal. Breaking a fixed-term lease early without a statutory ground leaves the tenant liable for rent, subject to the landlord's duty to mitigate. Section 5314 grants protected early termination on 30 days' written notice for a tenant who 'enters the military service of the United States on active duty' or who 'is the victim of domestic abuse, sexual offenses, stalking,' or seeks related relief.
A tenant who vacates early without proper notice or a statutory ground remains liable for rent through the lease term or until re-rented; the landlord must make reasonable efforts to mitigate by re-renting the unit.
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