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Delaware Month-to-Month Lease Agreement

A Delaware month-to-month rental agreement is a leasing arrangement that allows for the rental of residential property on a monthly basis. This type of agreement is suitable for tenants who need short-term housing and for landlords who desire flexibility in their rental arrangements. The agreement outlines key terms such as rent amount, due date, responsibilities, and occupancy conditions, ensuring compliance with state landlord-tenant laws.

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Delaware Month-to-Month Lease Agreement

Delaware Month-to-Month Lease Agreement

Month-to-Month Laws

Termination Notice

In Delaware, either the landlord or the tenant may terminate a month-to-month lease by providing the other party with a 60-day notice. This notice period is essential for both parties to prepare for the end of the tenancy.

Rent Increase Notice

Landlords are required to give a 60-day notice if they intend to increase the rent. This advance notice allows tenants to adjust their budgets or seek alternative housing if necessary.

Required Disclosures

At the beginning of a rental agreement, landlords must provide the following disclosures to new tenants:

  1. Landlord-Tenant Code (PDF): Landlords must provide a summary of the Delaware landlord-tenant code to ensure tenants are informed of their rights and responsibilities.

  2. Lead-Based Paint Disclosure (PDF): If the rental property was built prior to 1978, both the landlord and tenant must sign a lead-based paint disclosure form, as mandated by federal law.

  3. Owner/Landlord Disclosure: Landlords are required to provide their contact information as well as the contact information of any designated agents or property managers.

  4. Right to Representation (PDF): This notice must be given to inform low-income tenants of their right to free legal representation when entering a rental agreement.

Delaware Month-to-Month Eviction

If a landlord decides to terminate a month-to-month tenancy, they must provide the tenant with a 60-day notice to vacate the property before initiating eviction proceedings. This requirement ensures that tenants have adequate time to find alternative housing.

Statutes

FAQs

A month-to-month rental agreement in Delaware is a leasing arrangement that allows tenants to rent residential property on a monthly basis. This type of agreement is ideal for those seeking short-term housing and offers flexibility for landlords.

In Delaware, either the landlord or tenant must provide at least 60 days’ notice to terminate a month-to-month lease agreement. This notice period is essential for both parties to prepare for the end of the tenancy.

Landlords in Delaware must provide new tenants with several disclosures, including a summary of the landlord-tenant code, a lead-based paint disclosure if the property was built before 1978, and contact information for the landlord or authorized agents.

If your landlord intends to increase the rent, they are required to provide you with a 60-day notice before the increase takes effect. This gives you time to consider your options regarding the rental agreement.

Yes, a landlord can evict a tenant on a month-to-month lease in Delaware, but they must first provide a 60-day notice to vacate the property before initiating eviction proceedings.

The lead-based paint disclosure is a federally mandated form that must be signed by both the landlord and tenant if the rental property was built prior to 1978. It informs tenants about the potential risks of lead exposure in older properties.

Low-income tenants have the right to free legal representation when entering a rental agreement. Landlords are required to provide a notice informing tenants of this right.