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What Is a Delaware Month-to-Month Lease Agreement?

A Delaware month-to-month lease is a short-term rental agreement between the landlord and tenant. A month-to-month rental agreement renews at the beginning of each month. Although this tenancy is technically only for 30 days, the parties may find their contractual relationship so beneficial that the end date becomes indefinite.

A month-to-month lease must comply with Delaware landlord-tenant laws. It should also contain all of the same provisions found in a fixed-term residential lease agreement, including:

  • The amount of the monthly rent and when the payment of rent is due
  • The amount of the late fee
  • The amount of the security deposit
  • Rent increases
  • Whether subletting the rental property is allowed under the lease terms
  • The occupancy information for the rental unit
  • The parking policy
  • The pet policy
  • The notice period for lease termination for move out
  • How to deliver a written notice
  • Eviction information

What Laws Apply to Delaware Month-to-Month Lease Agreements?

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.

Terminating a Delaware Month-to-Month Lease Agreement

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.

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