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Notice to End a Tenancy

25 Del. C. § 5106 — 60 days' written notice either way, and a lease that rolls to month to month without it

  • A rental agreement not in writing lasts no longer than 1 year, and one with no stated term is month to month.
  • To end a lease at its expiration, either side gives at least 60 days' written notice before it expires.
  • To end a month to month tenancy, either side gives at least 60 days' written notice, counted from the first day of the month after the notice.
  • 25 Del. C. § 5106
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No notice, no ending. Where a lease of 1 year or more nears its end and the landlord gives no written notice 60 days or more before, and the tenant gives no 45 days' notice, it becomes month to month on the same terms.

  • 25 Del. C. § 5108

Federally subsidized housing follows federal rules where they conflict. A particular notice is a question for a licensed Delaware attorney.

  • 25 Del. C. § 5106
Sources for this section (2)
  1. 25 Del. C. § 5106 — Rental agreement; term and termination of rental agreement
  2. 25 Del. C. § 5108 — Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications

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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