25 Del. C. ch. 55 § 5515
Landlord’s remedies relating to holdover tenants
Operative Text
(a) Except as is otherwise provided in this Code, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease. (b) Whenever the term of the rental agreement expires, as provided herein or by the exercise by the landlord of a right to terminate given the landlord under any section of this Code, if the tenant continues in possession of the premises after the date of termination without the landlord’s consent, such tenant shall pay to the landlord a sum not to exceed double the monthly rental under the previous agreement, computed and pro-rated on a daily basis, for each day the tenant remains in possession for any period. In addition, the holdover tenant shall be responsible for any further losses incurred by the landlord as determined by a proceeding before any court of competent jurisdiction.
Under 25 Del. C. ch. 55 § 5515, when a rental agreement ends—whether by expiration or a landlord's lawful termination—both parties' obligations under that agreement generally cease. However, if a tenant stays in the unit beyond the termination date without the landlord's permission, the tenant may owe up to twice the previous monthly rent, calculated on a daily basis for each day of unauthorized occupancy. A court of competent jurisdiction can also award the landlord additional damages for any further losses caused by the holdover.
Plain English — not legal advice.
Under § 5515, operators who have lawfully terminated or allowed a rental agreement to expire generally document the termination date clearly and confirm whether the tenant has vacated by that date. If a tenant remains without consent, Delaware law allows landlords to seek up to double the daily pro-rated rent for the holdover period, as well as additional losses through a court proceeding. Maintaining records of the original rental rate, the termination notice, and any resulting damages supports a landlord's ability to pursue these remedies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5515 of Title 25 of the Delaware Code establishes that once a rental agreement is properly terminated, a tenant who stays beyond the end date without the landlord's agreement may face significant financial exposure—up to double the prior monthly rent on a daily basis, plus any additional losses a court finds appropriate. Tenants who believe a termination was not carried out lawfully may have grounds to contest the landlord's claimed right to terminate, which could affect whether these holdover penalties apply. Consulting a tenant-rights organization or legal aid service familiar with Delaware landlord-tenant law can help tenants understand what options may be available in their circumstances.
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