The Delaware Code Title 25 Chapter 51 Section 5107 and 5108 outlines the following landlord requirements for renewing a residential lease agreement that contains changes or modifications:
Renewals of Rental Agreements with Modifications
(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect.
(b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant’s intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect.
(c) If the tenant rejects the modified terms or provisions set forth in a notice of renewal given under this section, then the rejected notice of renewal shall be considered an effective termination notice.
(d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant’s rent and security deposit are a function of the tenant’s income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD); in the event that they are a function of income, the regulations and guidelines established by HUD with regard to the determination and future adjustments of a tenant’s rent and security deposit shall govern. With regard to a tenant’s occupying HUD-subsidized units, in the event of any conflict between the terms of this Code and the terms of any HUD regulation or guideline, the terms of a HUD regulation or guideline shall control.
Del. Code § 5107.
Landlord or Tenant Failure to Provide Notice
(a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord’s intention to terminate the rental agreement and the tenant does not give 45 days’ notice to the landlord of tenant’s intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect.
(b) The provisions of § 5107(a) through (c) of this title shall control if a notice of renewal with modifications has been sent.
(c) 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.
Del. Code § 5108
See also Delaware Term and Termination of Rental Agreement.
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