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Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.
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.
Before a Delaware eviction process can begin, a landlord must give the tenant an official written eviction notice called a 5-Day Notice to Pay. The notice must inform the tenant that they have 5 days to pay rent or terminate their tenancy.
In Delaware, a landlord can evict a tenant for repeating a lease violation within a 12-month period or violating a city, county or state law. To do so, the landlord must first serve the tenant a 7 days' notice to vacate. The tenant does not have the option to fix the issue and must move out within the 7-day period.
The Delaware Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notice, so the other party has reasonable awareness about their responsibilities.
Five-Day Notice to Pay Rent: If the tenant fails to pay rent when it is due, the landlord can give the tenant a five-day notice to pay rent. This notice must inform the tenant that the tenant has five days to pay rent or the landlord will terminate the tenancy.
(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.