Delaware Month-to-Month Lease Agreement

A Delaware month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context. Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease. 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

• Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
• 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 leases and lease renewals must be accompanied by a disclosure of the state’s right-to-counsel program providing free legal services to tenants facing eviction. [1]
• 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 terminate a month-to-month lease with at least 60 days of advance notice. [2] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

Delaware requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a Delaware Month-to-Month Lease

Delaware requires that notice of any substantial changes in lease terms, including rental increases, be delivered in writing, with at least 60 days of advance notice. [3]

Eviction in Delaware Month-to-Month Rentals

Delaware tenants may face eviction for violating a month-to-month lease or remaining 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 .

Frequently Asked Questions

How does a month-to-month lease work in Delaware? How does a month-to-month lease work in Delaware? In Delaware, the minimum lease term is 60 days, since this is the minimum amount of notice required to terminate an at-will tenancy. An at-will tenancy means that the landlord or tenant may terminate the tenancy at any time with proper notice. Read more » How many days’ notice is required to terminate a month-to-month lease in Delaware? How many days’ notice is required to terminate a month-to-month lease in Delaware? In Delaware, 60 days’ written notice is required to terminate any lease for at-will tenants, regardless of whether rent is paid monthly, weekly, or on some other basis. This notice may be given by either the landlord or the tenant. Read more » How do I terminate a month-to-month lease in Delaware? How do I terminate a month-to-month lease in Delaware? You may terminate an at-will tenancy in Delaware by providing the other party with at least 60 days’ written notice. This may be done at any time by either the landlord or the tenant for any reason. Read more »