A Delaware month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Delaware Month-to-Month Rental Agreement
In Delaware, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Delaware landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Delaware
Delaware landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Delaware landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Landlord-Tenant Code Summary – Delaware landlords must provide tenants with a summary of the state Landlord-Tenant Code at the beginning of a new rental agreement.
- Right To Counsel Disclosure – Delaware law requires that all new and renewing leases receive disclosure of the state’s right-to-counsel program. This program provides free legal services to tenants facing eviction.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Delaware
Delaware lets both the landlord or tenant end a month-to-month lease with at least 60 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Delaware requires written notice for ending a month-to-month lease.
Required Notice To Raise the Rent on a Delaware Month-to-Month Lease
Delaware requires at least 60 days of advance notice before any substantial changes in lease terms, including rental increases. Notice must be delivered in writing.
Eviction in Delaware Month-to-Month Rentals
Delaware tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Delaware typically take one to three months.
For more information on the eviction process in Delaware, click here.
Sources
- 1 Del. Code tit. 25 § 5606
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A landlord, or housing authority as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representation under this chapter, and identifies available resources. The Coordinator shall prepare the informational materials in English, Spanish, and Haitian Creole. The informational materials must be provided by the landlord or housing authority at all of the following events:
(1) After [the effective date of Section 1 of this Act], on signing a written rental agreement or entering into a rental agreement that is oral. (2) On the first renewal or modification of a rental agreement occurring after [the effective date of Section 1 of this Act]. (3) When the landlord provides any of the notices under § 5602(b)(1) of this title. [i.e., eviction notices] (4) When a tenant receives notice of the termination of a housing subsidy. - 2 Del. Code § 5106(d)
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Where the term of the rental agreement is month-to-month, 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.
Source Link - 3 Del. Code § 5107(a)
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If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect.
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