Delaware lease renewal law: 60 days to change terms and a month-to-month fallback
Delaware does not use an automatic renewal clause the way some states do. Instead, 25 Del. C. 5107 and 5108 set what happens at the end of a lease: a renewal on changed terms needs 60 days of written notice, and a lease of a year or more with no notice from either side becomes month to month.
How does a Delaware lease end?
Section 5106 sets the baseline. A rental agreement that is not in writing is not effective for a longer term than one year, and where no term is stated the agreement is month to month. For other agreements, the landlord may end the lease by giving at least 60 days' written notice before the term expires, and the notice must say the agreement ends on its expiration date. The tenant can end it with the same 60 days' notice.
For a month-to-month agreement, either side can end it with 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received.
How do you renew on different terms?
Section 5107(a) says that a landlord who intends to renew subject to amended or modified provisions gives the tenant a minimum of 60 days' written notice before the lease expires. The notice must specify the modified provisions, the amount of any rent or security deposit and the date the changes take effect. Changes to the length of term, the deposit or the rent are the examples the statute names.
After that notice, unless the tenant notifies the landlord at least 45 days before the last day of the term that they will terminate, the modified agreement is deemed accepted. If the tenant rejects the terms, the rejected renewal notice counts as an effective termination notice. The section does not apply where rent and deposit follow a HUD income formula.
Example a made-up lease ends on September 30 and the landlord wants to raise rent from $1,300 to $1,375. The notice must go out by August 1 (60 days before). If the tenant says nothing by August 16 (45 days before), the $1,375 rent is deemed accepted from October 1.
What if nobody gives notice?
Section 5108(a) covers a rental agreement, other than for a farm unit, that is for one or more years. If 60 days or more before the term ends the landlord has not given written notice of an intention to terminate, and the tenant has not given 45 days' notice of an intention to terminate, the term becomes month to month and all other terms continue in full force. If a modified renewal notice has been sent, 5107(a) through (c) controls instead.
The statute's fallback is month to month, not another full year. That is the whole renewal system in the sections read: Delaware relies on notice dates, not on a renewal clause in the lease.
Dates to calendar for every Delaware lease
Three dates matter for every lease with a term. The first is 60 days before the end, the last day to send a landlord notice of termination or a notice of renewal on modified terms. The second is 45 days before the end, the tenant's last day to say they will leave if they got modified terms. The third is the end date itself, when a lease of a year or more with no notices turns month to month. Put all three on your list when you sign the lease, and write the new rent and deposit figures into any modified renewal notice so the tenant can see exactly what changes.
Handling the dates in DoorKeeping
DoorKeeping works back from each lease end date to the 60 day and 45 day marks and shows them on the unit's list. A renewal offer with new rent is drafted with the modified terms, rent and effective date written out for your review. Your money stays in your own account. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.
Sources
Questions
- What happens at the end of a Delaware lease of a year or more if nobody gives notice?
- The term becomes month to month and the other terms continue (25 Del. C. 5108).
- How much notice does a Delaware landlord need to renew on new terms?
- At least 60 days' written notice before the lease expires, specifying the changes, rent or deposit and the effective date.
- How long does a Delaware tenant have to reject new terms?
- The tenant must give notice of intent to terminate at least 45 days before the last day of the term, or the new terms are deemed accepted.