A 60 Day Notice to Terminate Tenancy is required in Delaware to end a month-to-month rental agreement or tenancy-at-will. This notice provides advance written notice that the rental relationship will end, giving the tenant sufficient time to vacate the premises and remove personal belongings. Delaware law applies this notice requirement to both landlords and tenants, although certain statutory exceptions may shorten the notice period in limited circumstances.
What Does Delaware Law Say?
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§ 5106
(c) Subject to the provisions of § 5512 of this title, 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.
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How to Fill Out
Step 1 – Enter the full name of the tenant(s) listed on the rental agreement.
Step 2 – Provide the complete rental property address, including city and county.
Step 3 – Specify the termination date, ensuring it complies with the required 60-day notice period.
Step 4 – The landlord or tenant issuing the notice must sign and date the document.
Step 5 – Once the notice is delivered, the person who served it must complete the Record of Service section indicating how and when delivery occurred.
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• Rent Grace Period: 5 days.
§ 5501(d)
• Nonpayment of Rent: 5 days.
Title 25 § 5502
• Noncompliance: 7 days.
Title 25 § 5513
• Irreparable Harm: Immediate.
§ 5513(b)
• Termination (Month-to-Month Lease): 60 days.
§ 5106
• Eviction Lawsuit: Tenant Obligations and Landlord Remedies
Title 25, Chapter 55
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