25 Del. C. ch. 51 § 5106
Rental agreement; term and termination of rental agreement
Operative Text
(a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year. (b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term. (c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date. (d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice. (e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.
Under 25 Del. C. ch. 51 § 5106, oral rental agreements are limited to a maximum term of one year; any longer arrangement must be in writing to be enforceable. When no specific term is stated in an agreement, Delaware law treats the tenancy as month-to-month by default. Either party—landlord or tenant—who wishes to end a fixed-term or month-to-month tenancy must provide at least 60 days' written notice, with the clock on month-to-month notices starting on the first day of the month after the notice is actually delivered. Tenants in federally subsidized housing are governed by federal rules wherever those rules conflict with this state provision.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 51 § 5106 generally document any tenancy intended to last longer than one year in a signed written agreement, since oral agreements are capped at one year under Delaware law. For fixed-term leases, a compliant operator typically delivers written termination notice at least 60 days before the lease's expiration date, clearly stating that the agreement will end on that date. For month-to-month tenancies, operators generally ensure that any termination notice is delivered so that the 60-day period begins running on the first day of the following month, and they account for federal requirements when managing subsidized units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 51 § 5106, tenants have a right to at least 60 days' written notice before a landlord can terminate a fixed-term or month-to-month rental agreement, and tenants themselves must also provide that same minimum notice when choosing to end a tenancy. If no term was specified in your agreement, Delaware law presumes the tenancy is month-to-month, which may affect how and when notice must be given. Tenants who believe proper notice was not provided may be able to raise a violation of § 5106 as a defense in any eviction or lease-termination proceeding, and tenant-rights organizations in Delaware can help explain available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation