Free Delaware Notice of Non-Renewal Template

Last reviewed September 2026

Written by LawLease Editorial

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Delaware Notice of Non-Renewal

This Notice of Non-Renewal is built with Delaware as the governing state. These are the Delaware landlord-tenant rules that most often bear on it, with the statute for each.

Delaware rules at a glance

Delaware rules for a Notice of Non-Renewal
Month-to-month termination	60 days, counted from the 1st of the month after notice25 Del. C. §5106(d)
Tenant early termination	A tenant may end the lease on 30 days’ written notice — counted from the first day of the following month — for a job relocation of more than 30 miles, a serious illness of the tenant, or the death or serious illness of a household family member, that requires a permanent move, acceptance into senior or subsidized housing, military active duty, or as a victim of domestic abuse, sexual offense or stalking; a surviving spouse or the estate may do the same on the tenant’s death (§5314).
Rent-increase notice	60 days’ written notice before the lease expires25 Del. C. §5107
Rent increases	Any change in rent or other terms requires at least 60 days’ written notice before the rental agreement expires (§5107). Rent can’t be raised in retaliation for a code complaint or tenant organizing (§5516).
Rent control	Delaware has no rent control on apartments or houses; the state’s rent-justification rules apply only to manufactured-home communities.

Rent, late fees & rent increases

Unless otherwise agreed, rent is due at the start of each month (§5501(b)). A landlord who takes rent in cash must give a receipt within 15 days and keep records of cash payments for three years (§5501(e)).

Late-fee cap — A late charge must be in the lease and can’t exceed 5% of the monthly rent, and it can’t be imposed until rent is more than 5 days late (§5501(d)).
Payment office — If the landlord doesn’t keep an office or other permanent place in the county where rent can be paid, the due date is automatically extended by 3 days (§5501(d)).
Application fee — Capped at the greater of 10% of the monthly rent or $50, to check the applicant’s creditworthiness (§5514(d)).
Rent increases — Any change in rent or other terms requires at least 60 days’ written notice before the rental agreement expires (§5107). Rent can’t be raised in retaliation for a code complaint or tenant organizing (§5516).
Rent control — Delaware has no rent control on apartments or houses; the state’s rent-justification rules apply only to manufactured-home communities.

Ending a Delaware tenancy

Either party may end a month-to-month tenancy with at least 60 days’ written notice — and the 60 days start on the first day of the month after notice is actually received, not the day it’s given. Notice delivered on the 2nd of a month therefore runs almost 90 days (§5106(d)). A lease of a year or more converts to month-to-month if the landlord doesn’t give 60 days’ notice and the tenant doesn’t give 45 days’ notice before it ends (§5108). An oral lease can’t run longer than one year (§5106(a)).

Key Delaware notice periods
Month-to-month termination (either party)	60 days from the 1st of the next month§5106(d)
Rent increase / change of terms	60 days before expiration§5107
Nonpayment of rent	7 days (5 days before Sept. 1, 2026)§5502
Breach of lease — cure period	7 days§5513
Tenant early termination (qualifying reasons)	30 days from the 1st of the next month§5314

Nonpayment — Once the 5-day late-fee window has passed, the landlord may demand the rent in writing, giving the tenant at least 7 days to pay before filing an eviction case (§5502(a), as amended effective September 1, 2026). A tenant who pays all rent due before the case is filed can’t be sued for possession on that basis, and paying all rent due after filing stops the case (§5502(c)–(d)). A new right of redemption lets a tenant pay all past-due amounts set by the court, plus court-awarded costs and fees, any time before the eviction order is executed — unless the tenant already had 2 nonpayment judgments of possession in the prior 18 months (§5716A).
Lease violations — For a breach of a rule or covenant, the landlord must give written notice and at least 7 days to fix it before terminating (§5513).
Tenant early termination — A tenant may end the lease on 30 days’ written notice — counted from the first day of the following month — for a job relocation of more than 30 miles, a serious illness of the tenant, or the death or serious illness of a household family member, that requires a permanent move, acceptance into senior or subsidized housing, military active duty, or as a victim of domestic abuse, sexual offense or stalking; a surviving spouse or the estate may do the same on the tenant’s death (§5314).

Delaware Notice of Non-Renewal FAQs

How much notice is needed to end a month-to-month lease in Delaware?

At least 60 days’ written notice from either party, and the 60 days begin on the first day of the month after the notice is received. In practice, notice given early in a month can mean close to 90 days (§5106(d)).

How much notice is required for a rent increase in Delaware?

At least 60 days’ written notice before the rental agreement expires for any change in rent or other terms (§5107). A fixed-term lease’s rent can’t be changed mid-term unless the lease allows it.

Notice of Non-Renewal in other states

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