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Delaware month-to-month lease agreement
Written for Delaware law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Delaware rules that apply
- Ending a month-to-month tenancy
- 60 days
- counted from the first day of the next month
- 25 Del. C. § 5106(d)
- Rent increase notice
- 60 days
- before the term ends, for a renewal at a new rent
- 25 Del. C. § 5107(a)
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.
More detail (4)
- 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.
Rent increase notice
To renew a rental agreement with a higher rent or other changed terms, give the tenant written notice at least 60 days before the agreement expires, stating the changed terms, the rent and deposit amounts and the date they take effect. The Code does not cap how much rent may rise.
More detail (5)
- Unless the tenant tells you at least 45 days before the last day of the term that the tenant is ending the agreement, the changed terms are treated as accepted. A tenant who rejects them has given an effective notice of termination. 25 Del. C. § 5107(b), (c)
- These rules do not apply where rent and deposit are set by income under HUD rules; HUD rules then control. 25 Del. C. § 5107(d)
- The section speaks of renewal before the agreement expires and does not separately say how the 60 days apply to a month-to-month tenancy. 25 Del. C. § 5107
- A rent increase demanded within 90 days after a tenant's good faith code complaint or other protected act is presumed retaliatory unless a listed defense applies. 25 Del. C. § 5516(b), (c) See Retaliation on the Delaware page
- Use a statutory delivery method for the renewal notice. Section 5113 allows personal service or leaving the tenant's copy at the rental unit or usual home with an adult resident. Mailing may be registered, certified, or first class supported by a certificate of mailing, with postage prepaid and the proper address. Posting is an alternative only when combined with a return receipt or certificate of mailing. Keep the delivery evidence; ordinary posting alone does not meet that alternative. 25 Del. C. 5113(a)-(c)
The Rentari Delaware lease states that a renewal with changed terms, including rent, needs your written notice at least 60 days before the term ends.