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Breaking a lease in Delaware
Checked against the Delaware statutes on October 1, 2026 General information, not legal advice
Key numbers
- Ending a month-to-month tenancy
- 60 days
- counted from the first day of the next month
- 25 Del. C. § 5106(d)
Ending a fixed-term lease early
A tenant may end a lease early on 30 days' written notice, counted from the first day of the month after notice, for an employer transfer of more than 30 miles, a serious illness or death in the household requiring a permanent move, admission to senior or subsidized housing, entering active military service after signing, or being a victim of domestic abuse, a sexual offense or stalking. A surviving spouse or personal representative may do so after the tenant's death.
- After such a termination, your charge against the deposit for renovating and re-renting may not exceed one month's rent. 25 Del. C. § 5514(c)(3)
- A tenant who wrongfully leaves owes the lesser of the rent for the rest of the term plus actual damage, or the rent while you re-rent at a fair rental plus any shortfall, costs and a reasonable commission. You must try to limit the loss. 25 Del. C. § 5507(d)
- A tenant who stays after the lease ends without your consent owes up to double the monthly rent, prorated daily, plus further losses a court finds. 25 Del. C. § 5515(b)
- The Code also lets a tenant end the lease over serious conditions, loss of essential services, fire damage, or an unreasonable entry without consent (or repeated demands for one). 25 Del. C. § 5306 25 Del. C. § 5308 25 Del. C. § 5309 25 Del. C. § 5510(c) See Tenant's repair remedies on the Delaware page
The Rentari Delaware lease lists every early termination ground in the Code with the 30-day notice, caps re-renting costs at one month's rent, and adds the federal servicemember termination right.
Ending a month-to-month tenancy
Either you or the tenant may end a month-to-month tenancy with at least 60 days' written notice. The 60 days begin on the first day of the month after the day the notice is actually given.
- A rental agreement with no stated term is month to month. 25 Del. C. § 5106(b)
- To end a fixed-term lease at its expiration, either side gives at least 60 days' written notice before it ends. 25 Del. C. § 5106(c)
- If neither side gives notice on a lease of a year or more (60 days from you, 45 days from the tenant), the tenancy continues month to month on the same terms. 25 Del. C. § 5108(a)
- An oral rental agreement cannot run longer than one year. 25 Del. C. § 5106(a)
The Rentari Delaware lease gives 60 days' written notice for a month-to-month tenancy counted from the first day of the next month, and states the 60-day end-of-term notice and the automatic month-to-month extension.
Questions
How do I end a month-to-month tenancy?
Give at least 60 days' written notice. The 60 days start on the first day of the month after the notice is actually given.
Can a tenant break a lease early in Delaware?
Yes, on 30 days' written notice counted from the first of the next month, for reasons the Code lists, such as a job transfer of more than 30 miles, entering active military service, or being a victim of domestic abuse, a sexual offense or stalking. Your re-renting charge against the deposit is then capped at one month's rent.