Delaware Lease Termination Rules

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.