25 Del. C. ch. 51 § 5108
Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications
Operative Text
(a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord’s intention to terminate the rental agreement and the tenant does not give 45 days’ notice to the landlord of tenant’s intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect. (b) The provisions of § 5107(a) through (c) of this title shall control if a notice of renewal with modifications has been sent. (c) 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 Delaware law at 25 Del. C. ch. 51 § 5108, when a rental agreement lasting one year or more is nearing its end, both parties have notice obligations to avoid an automatic conversion. If the landlord does not provide written notice at least 60 days before the term ends, and the tenant does not provide at least 45 days' notice, the tenancy automatically shifts to a month-to-month arrangement. All other original lease terms remain in effect during that month-to-month period, and special federal rules take precedence for tenants in federally subsidized housing.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 51 § 5108 generally track lease expiration dates carefully and send written termination notices at least 60 days before the end of any lease of one year or more. If a renewal with changed terms is intended, operators typically follow the notice and modification procedures outlined in § 5107(a) through (c). Failing to send timely written notice results in the tenancy automatically converting to month-to-month status under the existing lease terms, which can affect rent adjustment timing and planning.
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 § 5108, tenants in year-long or longer leases have a right to receive written termination notice from their landlord at least 60 days before the lease ends; if that notice is not given, the tenancy converts to month-to-month rather than simply ending. Tenants who wish to end the tenancy themselves are generally expected to give their landlord at least 45 days' written notice before the term expires. Tenants who believe their landlord has not followed these notice requirements may consider consulting a tenant-rights organization or reviewing the provision directly to understand what options may be available to them.
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 Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation