Menu Close

Delaware Landlord Remedy for Tenant Holding Over

The Delaware Code Title 25 Chapter 55 Section 5516 provides the following remedy for a landlord if a tenant refuses to leave after the expiration of a residential lease agreement:

Landlord Remedies for Holdover Tenants

(a) Except as is otherwise provided in this Code, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease.

(b) Whenever the term of the rental agreement expires, as provided herein or by the exercise by the landlord of a right to terminate given the landlord under any section of this Code, if the tenant continues in possession of the premises after the date of termination without the landlord’s consent, such tenant shall pay to the landlord a sum not to exceed double the monthly rental under the previous agreement, computed and pro-rated on a daily basis, for each day the tenant remains in possession for any period. In addition, the holdover tenant shall be responsible for any further losses incurred by the landlord as determined by a proceeding before any court of competent jurisdiction.

Del. Code § 5516.

See also Delaware Landlord Remedies for Tenant Noncompliance.

Return to Delaware Landlord-Tenant Laws.