Delaware lease nonrenewal: 60 days' written notice before the term ends
A Delaware landlord who wants a fixed-term lease to end on its expiration date must give the tenant written notice at least 60 days before the term ends, saying the agreement will terminate on its expiration date (25 Del. C. 5106(c)). If the landlord would renew with changes, section 5107 sets a 60 day notice for that too.
What does section 5106 require?
Section 5106(c) says the landlord may terminate any rental agreement other than a month-to-month agreement by giving a minimum of 60 days' written notice to the tenant before the term expires. The notice must indicate that the agreement will terminate on its expiration date. The tenant has the same duty in reverse: 60 days' written notice before the term ends to terminate at expiration. The subsection is made subject to section 5512, an exception for written agreements on single rooms in certain owner-occupied buildings.
Section 5106(a) adds a limit worth knowing: no rental agreement, unless written, is effective for a term longer than one year, and under (b) an agreement with no stated term is treated as month-to-month.
Example a made-up one year lease on a Wilmington duplex expires June 30. Sixty days before is May 1, so the written notice must be delivered on or before May 1 to end the tenancy on June 30.
What if you would renew, but at a higher rent?
Section 5107(a) requires a minimum of 60 days' written notice before expiration when the landlord intends to renew with amended or modified provisions, including length of term, security deposit or rent. The notice has to specify the changes, the amount of any rent or deposit and the date they take effect.
- If the tenant does not tell the landlord of an intention to terminate at least 45 days before the last day of the term, the modified terms are deemed accepted (5107(b)).
- If the tenant rejects the new terms, the rejected renewal notice counts as an effective termination notice (5107(c)).
- The section does not apply where rent and deposit depend on the tenant's income under HUD rules, and HUD's rules govern instead (5107(d)).
What happens if nobody sends a notice?
Section 5108(a) covers an agreement of one or more years, other than a farm unit. If 60 days or more before the end of the term the landlord has not given written notice of intent to terminate and the tenant has not given 45 days' notice of intent to terminate, the term becomes month-to-month and all other terms continue. A landlord who misses the 60 day mark therefore should not assume the tenant will leave. The notice of renewal with changes under 5107 takes priority when one was sent (5108(b)).
| Who | Notice | Days before the term ends |
|---|---|---|
| Landlord ending the lease | Written, saying it ends on the expiration date | At least 60 |
| Landlord renewing with changes | Written, listing the changes | At least 60 |
| Tenant ending the lease | Written (5106(c)); 45 days under 5107(b) and 5108(a) | 60, or 45 after a renewal notice |
Example the Wilmington lease above ends June 30 and the owner sends a renewal at higher rent on April 20, which is 71 days before. The tenant has until May 16, 45 days before June 30, to say no. Silence by May 16 means the new rent applies.
How should a Delaware owner run the calendar?
- Decide whether to renew at least 75 days before the end date, so you are not rushed.
- If ending the lease, deliver written notice by day 60 and name the expiration date in it.
- If renewing with changes, list every change and its start date in the same letter.
- Keep a copy and the date it went out in the lease file.
Using DoorKeeping in Delaware
DoorKeeping counts back from each lease's end date to the 60 day mark and the 45 day tenant date, and shows both on the unit's list. A renewal offer with new rent goes out for e-signature once you approve it, and the copy lands with the unit's documents. Rent and payments stay in your own bank accounts. This is general information, not legal advice. Check the current Delaware Code or ask a local attorney.
Sources
Questions
- How much notice must a Delaware landlord give to end a fixed-term lease?
- A minimum of 60 days' written notice before the term expires, saying the agreement ends on its expiration date (25 Del. C. 5106(c)).
- What if a Delaware landlord wants to renew with a higher rent?
- Give at least 60 days' written notice listing the changes. The tenant is deemed to accept them unless the tenant gives notice to terminate at least 45 days before the term ends.
- What if neither side sends a notice on a Delaware lease of a year or more?
- Under section 5108(a) the tenancy becomes month-to-month with the other terms unchanged.