25 Del. C. ch. 51 § 5107
Renewals of rental agreements with modifications
Operative Text
(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect. (b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant’s intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect. (c) If the tenant rejects the modified terms or provisions set forth in a notice of renewal given under this section, then the rejected notice of renewal shall be considered an effective termination notice. (d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant’s rent and security deposit are a function of the tenant’s income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD); in the event that they are a function of income, the regulations and guidelines established by HUD with regard to the determination and future adjustments of a tenant’s rent and security deposit shall govern. With regard to a tenant’s occupying HUD-subsidized units, in the event of any conflict between the terms of this Code and the terms of any HUD regulation or guideline, the terms of a HUD regulation or guideline shall control.
Under 25 Del. C. ch. 51 § 5107, when a landlord plans to renew a rental agreement with changes — such as a new rent amount, different security deposit, or altered lease term — the landlord must provide at least 60 days' written notice before the current agreement expires, with the notice specifying exactly what is changing and when. If the tenant does not respond with a written intent to terminate at least 45 days before the lease ends, the modified terms are considered accepted by operation of law. Tenants in HUD-subsidized housing where rent and security deposit are income-based are exempt from this process, with HUD regulations taking precedence over state rules in any conflict.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 51 § 5107 generally ensure that any renewal notice containing modified terms — including rent increases, security deposit changes, or term adjustments — is delivered in writing at least 60 days before the existing agreement expires. Compliant practice includes clearly specifying each amended provision, the dollar amounts involved, and the effective date of the changes within that notice. Landlords managing HUD-subsidized units where rent is income-based should be aware that HUD regulations govern those tenancies and that the standard notice-and-acceptance framework under this section does not apply to them.
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 § 5107, tenants have the right to receive at least 60 days' written notice before their lease expires if the landlord intends to renew it under different terms, and that notice must spell out exactly what is changing. If a tenant does not wish to accept the modified terms, they must notify the landlord in writing of their intent to terminate at least 45 days before the last day of the lease term — failing to respond is treated as acceptance of the new terms. Tenants who believe a landlord has not complied with this notice requirement may consider raising the violation as a defense in a tenancy proceeding or reaching out to a Delaware tenant-rights organization for general information about 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.
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