Delaware Month-to-Month Lease Agreement

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This Delaware Month-to-Month lease agreement is popular with individuals who are unsure of their exact time of stay in a property. This is because the contract ends and begins with every month, with the option of the landlord or tenant of canceling with at least sixty (60) days’ notice (25-5106), with no penalty to either party.

Because the tenant’s time is potentially short, some landlords may disregard the need of a security deposit from the tenant. This is not a recommended course of action, as future expenses may be easily prevented if the landlord asks for two monthly payments instead of one for the first month of stay, with one monthly payment acting as the security deposit. If the tenant ends the lease with no unexpected damage to the property, the landlord may reimburse the tenant the cost of the security deposit.

  • Note: There is no Security Deposit limit in Delaware for all ‘tenancy at will’ situations. (Statute 25-5514)

Required Disclosures

Landlord-Tenant Code – Must be given to the tenant at the time of lease authorization. (Statute 25-5118)

Landlord/Manager/Agent Disclosure – The person authorized to enter the property along with the owners of the premises must be disclosed at the time of authorization. (Statute 5105)

Lead-Based Paint – Federal law required for any housing unit built prior to 1978.

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