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.