Delaware Landlord Tenant Code: Month to Month Tenancy

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Last Updated on December 2, 2023 by Kelvin Nielsen

If you are a tenant or landlord in Delaware, it is important to be aware of the state’s landlord-tenant code, particularly when it comes to month-to-month tenancies.

A month-to-month tenancy is a type of rental agreement where the tenant pays rent on a monthly basis, and the agreement automatically renews each month until either party decides to terminate it.

Under the Delaware Landlord Tenant Code, a month-to-month tenancy can be established through a written or oral agreement. If the agreement is oral, it is recommended that both parties put the terms in writing to avoid any confusion or disputes.

As a tenant, you have the right to receive a written copy of the rental agreement, which should include important details such as the amount of rent, due date, and late fees.

When it comes to termination and renewal of a month-to-month tenancy, the Delaware Landlord Tenant Code requires that either party give a minimum of 60 days’ written notice. This means that if you are a tenant and you want to terminate your rental agreement, you must give your landlord at least 60 days’ written notice before the end of the current rental period.

Similarly, if you are a landlord and you want to terminate the rental agreement, you must give your tenant at least 60 days’ written notice before the end of the current rental period. If neither party gives notice, the rental agreement will automatically renew for another month.

Key Takeaways

  • A month-to-month tenancy in Delaware can be established through a written or oral agreement.
  • Tenants have the right to receive a written copy of the rental agreement.
  • Either party must give a minimum of 60 days’ written notice to terminate or renew a month-to-month tenancy.

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Establishing a Month-to-Month Tenancy

If you are a tenant or a landlord in Delaware and you are considering a month-to-month tenancy, there are certain requirements you must meet. This section outlines the Rental Agreement Requirements, Security Deposit and Fees, Tenant and Landlord Obligations that you need to be aware of.

Rental Agreement Requirements

The landlord and tenant must have a written agreement that outlines the terms of the month-to-month tenancy. The agreement must include the rental amount, the start date, and any other terms that the landlord and tenant agree on. The agreement can be renewed at the end of each month.

Security Deposit and Fees

The landlord may require a security deposit from the tenant. The security deposit cannot be more than one month’s rent. The landlord must keep the security deposit in a separate account and return it to the tenant at the end of the tenancy, minus any deductions for damages.

Tenant and Landlord Obligations

The tenant must pay the rent on time and keep the premises clean and in good condition. The landlord must make any necessary repairs to the property. The landlord must also provide the tenant with a copy of the Delaware Landlord Tenant Code and keep accurate records of all rent payments and security deposits.

In summary, if you are considering a month-to-month tenancy in Delaware, you must have a written agreement that outlines the rental amount and start date. The landlord may require a security deposit, which cannot be more than one month’s rent. The tenant must pay the rent on time and keep the premises clean, while the landlord must make any necessary repairs to the property.

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Termination and Renewal of Tenancy

As a landlord or tenant in Delaware, it is important to understand the regulations for terminating and renewing a month-to-month tenancy. This section will cover the notice requirements, termination procedures, and tenant’s rights upon termination.

Notice Requirements

According to the Delaware Landlord Tenant Code, either the landlord or tenant may terminate a month-to-month tenancy by providing written notice at least 60 days before the expiration date of the tenancy. The notice must include the date of termination and the tenant’s forwarding address. Late charges may not be included in the notice.

Termination Procedures

If the tenant does not vacate the rental unit by the expiration date, the landlord may file for summary possession. The tenant may request a hearing within 5 days of receiving the notice of summary possession. If the tenant does not request a hearing, the landlord may obtain a writ of possession and have the tenant removed from the rental unit.

Tenant’s Rights upon Termination

Upon termination of the tenancy, the landlord must return the tenant’s security deposit within 20 days, less any deductions for unpaid rent, late charges, or damages beyond normal wear and tear. The landlord may not withhold the security deposit for the purpose of renovating or rerenting the unit.

In good faith, the landlord must provide the tenant with a written list of damages and the estimated cost of repair within 30 days of termination. The tenant may dispute the list of damages and the cost of repair by filing a complaint with the Justice of the Peace Court.

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Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.

Sources: CHAPTER 53. Landlord Obligations and Tenant Remedies, Residential Landlord-Tenant Code

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