Delaware Statewide Rule
Delaware Lease Termination Rules
Key Facts
- Month-to-month notice
- 60 days, starting first of next month (Del. Code tit. 25 § 5106)
- Fixed-term
- Runs to end; 60-day notice before expiration
- Military early exit
- 30 days' notice on active-duty entry (§ 5314)
- Domestic abuse early exit
- 30 days' notice for victims (§ 5314)
Summary
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.
(c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days' written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much notice ends a month-to-month lease in Delaware?
Can a Delaware tenant break a lease for military duty or domestic violence?
Sources
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