Breaking a lease in Delaware

If you are the tenant

• A tenant may end a month-to-month tenancy with at least 60 days' written notice; the 60 days start on the first day of the month after the notice is actually received (25 Del. C. § 5106(d)). Example: notice received Jan. 15 starts the count Feb. 1.

If the landlord ends it

• A landlord may end a month-to-month tenancy with at least 60 days' written notice; the 60 days start on the first day of the month after the notice is actually received (25 Del. C. § 5106(d)).

Written notice required: Yes. Termination notices must be written (25 Del. C. § 5106(c)-(d)).

• year-to-year, both: 60 days, ending with a rental period. To end a lease of a term other than month-to-month at its expiration, either party must give at least 60 days' written notice before the term ends (25 Del. C. § 5106(c)). For leases of 1 year or more, if neither side gives notice (tenant: 45 days) the lease becomes month-to-month (§ 5108(a)).

A tenant who wrongfully quits owes the lesser of (1) rent for the rest of the term plus cleanup damages, or (2) rent for the time reasonably needed to re-rent, the shortfall between the new and old rent, re-renting and repair costs, and a reasonable commission. In any event the landlord must mitigate (25 Del. C. § 5507(d)).

Landlord's duty to re-rent: Yes. "In any event, the landlord has a duty to mitigate damages" (25 Del. C. § 5507(d)).

Lease-break fees: No separate cap on lease-break fees, but a tenant who wrongfully quits owes at most the lesser of the two damage measures in 25 Del. C. § 5507(d), and the landlord must mitigate.

• Domestic violence, sexual assault or stalking (25 Del. C. § 5314(b)(6))

  A victim of domestic abuse, sexual offenses or stalking, or a tenant who has obtained or is seeking relief from domestic violence, may end the lease on 30 days' written notice counted from the first day of the next month.

  Notice:

  30 days, in writing

  Proof:

  None specified in the statute.

  What you still owe:

  Tenancy ends after the 30-day period; no further rent after that.

• Other (25 Del. C. § 5314(b)(1), (7))

  A tenant may end the lease on 30 days' written notice (counted from the first day of the next month) for a job transfer by the same employer of more than 30 miles, or when the surviving spouse or estate ends it after the tenant's death.

  Notice:

  30 days, in writing

  Proof:

  None specified in the statute.

  What you still owe:

  Tenancy ends after the 30-day period.

• Age, illness or disability (25 Del. C. § 5314(b)(2)-(4))

  A tenant may end the lease on 30 days' written notice (from the first day of the next month) if serious illness of the tenant or death or serious illness of a family member living there requires a permanent move, or on acceptance into senior housing or subsidized housing.

  Notice:

  30 days, in writing

  Proof:

  None specified in the statute.

  What you still owe:

  Tenancy ends after the 30-day period.

• Unit unlivable or landlord fails to repair (25 Del. C. § 5306(a))

  If a condition deprives the tenant of a substantial part of the bargain and is not fixed within 15 days of written notice, the tenant may end the lease; if the unit is uninhabitable or poses an imminent threat, the tenant may end it immediately after notice.

  Notice:

  15 days, in writing

  Proof:

  Written notice of the condition.

  What you still owe:

  Lease ends; tenant may also recover damages if the landlord caused the condition.

• Unit unlivable or landlord fails to repair (25 Del. C. § 5308(a))

  If the landlord fails for 48 hours after notice to provide heat, hot water, water or electricity, the tenant may end the lease immediately on written notice.

  Proof:

  Notice of the failure, then written notice after 48 hours.

  What you still owe:

  Lease ends immediately.

• Unit unlivable or landlord fails to repair (25 Del. C. § 5309(a))

  If fire or casualty not caused by the tenant substantially impairs the unit, the tenant may move out and end the lease.

  Proof:

  Written notice of election to quit within 1 week after vacating.

  What you still owe:

  Lease ends as of the vacating date.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• A tenant who enters U.S. military active duty after signing may end the lease on 30 days' written notice counted from the first day of the next month (25 Del. C. § 5314(b)(5)); this mostly overlaps federal SCRA.
• Several sections of the Residential Landlord-Tenant Code have amended versions effective March 8, 2027 (e.g., §§ 5102, 5512); the sections used here (§§ 5106, 5314, 5507) showed no future-dated version on the official code site as of 2026-10-13.

• Write a Delaware notice to vacate
• Delaware security deposit law: getting your deposit back after you move

• 25 Del. C. ch. 51 (§§ 5106, 5108) Retrieved October 13, 2026.
• 25 Del. C. ch. 53 (§§ 5306, 5308, 5309, 5314, 5316) Retrieved October 13, 2026.
• 25 Del. C. ch. 55 (§ 5507) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.