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Leaving a Lease Early

25 Del. C. § 5314 — 30 days' notice for a job move, illness, military duty, senior housing, or abuse

On 30 days' written notice, counted from the first day of the month after the notice, a tenancy may be ended:

  • 25 Del. C. § 5314
  • When the tenant's present employer moves the job more than 30 miles, requiring a move.
  • When the tenant's serious illness, or the death or serious illness of a family member living there, requires a permanent move.
  • When the tenant is accepted into senior housing, a retirement home, or subsidized housing.
  • When the tenant enters active military service after signing.
  • When the tenant is a victim of domestic abuse, sexual offenses or stalking, or has sought relief from a court, police agency or program.
  • By the surviving spouse or estate's representative, after the tenant's death.
  • 25 Del. C. § 5314
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The landlord may keep from the deposit reasonable costs of rerenting caused by an early termination under this section, but not more than 1 month's rent.

A particular lease is a question for a licensed Delaware attorney.

  • 25 Del. C. § 5314
Sources for this section (2)
  1. 25 Del. C. § 5314 — Tenant’s right to early termination
  2. 25 Del. C. § 5514 — Security deposit

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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