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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.

25 Del. C. § 5314(b)

  • 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
In the Rentari Delaware lease

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.

25 Del. C. § 5106(d)

In the Rentari Delaware lease

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.

25 Del. C. § 5106(d)

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.

25 Del. C. § 5314(b) 25 Del. C. § 5514(c)(3)

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