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In Delaware, a tenant is required to provide written notice for the following lease terms (Delaware Code § 5106):Notice to terminate a fixed end date lease. 60 days' notice prior to the expiration date.Notice to terminate a month-to-month lease. 60 days.Notice to terminate a week-to-week lease. No statute.
If there is a rental agreement, the tenant can terminate the lease before it expires in specific situations under the law. There is a requirement that there be 30 days' written notice that starts on the first day of the month the day after the notice was given.
Conditions for Legally Breaking a Lease in DelawareEarly Termination Clause.Active Military Duty.Unit is Uninhabitable.Landlord Harassment or Privacy Violation.Domestic Violence.Senior Citizen or Health Issue.Tenant's Change of Employment.Subsidized Private/Public Housing.More items...?
Yes, a tenant may terminate a fixed term lease agreement prematurely.
Standard Termination For monthly lease agreements, either the landlord or the tenant has the option to terminate the lease at any time by giving the other party 60 days written notice in advance of termination. For regular termination of a lease at the end, a lease termination happens when the lease expires.
No, lease agreements do not need to be notarized in Delaware. Some states require residential leases to be notarized based on the duration of the lease, but Delaware is not one of them. If the lease meets the requirements to be binding, it does not need to be notarized.
The tenant can terminate the agreement if he or she must move for employment and the distance exceeds 30 miles. If the tenant becomes seriously ill or a relative who lives at the property dies or becomes ill and this results in the need to change residence, it is sufficient to warrant terminating the lease early.
Tenant Rights to Withhold Rent in DelawareTenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Delaware Tenant Rights to Withhold Rent or "Repair and Deduct".
BREAKING YOUR RESIDENTIAL LEASEDeclare a Constructive Eviction.Point Out Landlord Breaches to Reduce Your Debt.Landlords Have a Duty to Mitigate Their Damages.Consequences for Breaking Your Lease.Look for These Clauses in Your Lease.Your Landlord May Have a Duty to Mitigate.Declare a Constructive Eviction.More items...?