Delaware month-to-month leases are governed by Delaware Code Title 25 Chapter 51. It is better known as Residential Landlord-Tenant Code. Delaware landlord-tenant law does not limit how much money a landlord can charge for a security deposit for a month-to-month lease. However, the landlord must return the security deposit within 20 days of moving out. Under §7018, the landlord may keep some or all of the security deposit for damages to the rental real estate that surpass normal wear and tear, nonpayment of rent, other fees or money due to the landlord from the tenant, reimbursement for other reasonable expenses to renovate and re-rent the real estate because of the tenant leaving the rental property without providing proper notice of lease termination.
If you are a landlord or work in property management, you should seek legal advice to ensure that you understand Delaware state laws and federal laws and how they affect your rights and the rights of prospective tenants.
According to §5106, the notice period for lease termination of a Delaware month-to-month lease is 60 days. The notice must be a written notice. It is crucial to understand that the 60 day notice period begins on the first day of the month following the delivery of the written notice.