Delaware Month-to-Month Lease Agreement

Drafting a Delaware Month-to-Month Lease Agreement is crucial for creating a flexible and legally sound rental arrangement within the state’s guidelines. By utilizing our template, landlords and tenants in Delaware can establish a comprehensive and legally compliant lease agreement, fostering transparency and cooperation throughout the rental period with the flexibility of a month-to-month arrangement.

Month-to-Month Leases in Delaware

In Delaware, landlords and tenants can create a month-to-month lease by agreeing on acceptable terms. Although written rental agreements are more substantial legally, oral leases are also legal month-to-month. Customize our downloadable template with the following information to comply with Delaware state laws and regulations.

Lease Termination and Renewal

Termination:

• In Delaware month-to-month lease agreements, either party can end the agreement with written notice of at least 60 days. The notice should be given at the start of the following month.
• Federal laws, regulations, or guidelines prevail over the provisions of this Code for tenants in federally subsidized housing units.

Renewal:

• Landlords must give written notice to tenants at least 60 days before a rental agreement expires if they plan to renew with changes. 
• The notice should include the modified terms, such as changes to rent, length of term, or security deposit amount, and the effective date of the changes.

Rent Increases

• In Delaware, it’s required by law for landlords to provide a written notice of at least 60 days to the tenant if they plan to increase the rent before the lease term expires. 
• The tenant must also respond within 45 days of the expiration of the lease term if they wish to object to the proposed rent increase.
• If the rental unit is a mobile home, landlords must give between 90 and 120 days’ notice before increasing rent.

Security Deposit

• Delaware regulates the security deposit amount based on the furnishings of the premises.
• In a month-to-month tenancy that has lasted for over a year in an unfurnished property, the security deposit cannot exceed one month’s rent.
• For a furnished property, landlords typically require a security deposit equal to one to two months’ rent.
• In addition, if applicable, you may require a pet deposit to cover any damage caused by your tenant’s pet. The deposit must not exceed one month’s rent, regardless of the duration of the agreement.

Tenant Rights

• The Landlord-Tenant Code of Delaware provides clear legal safeguards for tenants against unjust lease agreement clauses.
• Tenants have a right to reside in safe, well-maintained properties and to have repairs addressed promptly.
• Prohibited lease agreements are clauses that waive tenant rights or mandate cat declawing.

Required Disclosures

Landlords in Delaware are required to provide tenants with certain disclosures, even for month-to-month lease agreements. These disclosures inform tenants about their rights and the lease terms and should be provided in writing as part of the lease or a separate notice.

• Landlord or Agent ID 
• Copy of rental agreement 
• Summary of landlord-tenant laws 
• Lead-based paint 
• Security deposit location