2019 Delaware Code
Title 25 - Property
Chapter 51. General Provisions
Subchapter I Rights, Obligations and Procedures, Generally
§ 5106 Rental agreement; term and termination of rental agreement.
(a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.
(b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term.
(c) 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. The notice shall indicate that the agreement shall terminate upon its expiration date. 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.
(d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
(e) 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.
70 Del. Laws, c. 513, § 1.
