Delaware Month-to-Month Lease Agreement Template

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The Delaware Month-to-Month lease agreement is popular with individuals who are unsure of how long they plan on staying at a particular location. 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. For more permanent tenancies, a standard residential lease agreement is recommended.

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.

Rent Increase (§ 25-5107) – If the landlord plans to renew the lease with modifications, including an increase in rent, they must provide the lessee with sixty (60) days’ notice.

Minimum Termination Notice (§ 25-5106) – Each party must provide sixty (60) days’ notice should they decide to terminate the lease.

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