Delaware Month-to-Month Lease Agreement

Last Updated: March 30, 2022 by Elizabeth Souza

A Delaware month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in Delaware (i.e., 1-year), click here.

How do Delaware Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under Delaware landlord tenant law. This includes the landlord’s responsibility to provide a living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In Delaware, either party may terminate a month-to-month lease agreement by giving at least 60 days’ noticeDel. Code § 5106

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

For month-to-month tenancies, a landlord is required to provide a 60 day’ notice before rent may be increased.

Notice must also be provided in written form.

Are There Notice Delivery Requirements?

In Delaware, there are notice delivery requirements. In the case of the landlord, notice shall be delivered personally, mailed via certified/registered mail, or by leaving a copy with the landlord or agent at the landlord’s address that is outlined in the lease agreement.  If the landlord is an artificial entity, notice may be served by leaving a copy with an authorized agent at the place of business that is outlined in the lease.

In the case of the tenant, the notice must be delivered in person, by leaving a copy with adult, or by mailing a copy via certified/registered mail.

Notice must be provided in written form.

How are Month-to-Month Tenants Evicted in Delaware?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Delaware. The process for eviction can be completed in 1-3 months but can take longer depending on the circumstances.

For more information on the eviction process in Delaware, click here.