Free Delaware Notice to Vacate Template

Last reviewed September 2026

Written by LawLease Editorial

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Delaware Notice to Vacate

Ending a month-to-month tenancy in Delaware takes written notice from whichever side is leaving. The period is set by statute. Here’s what Delaware’s says.

Delaware rules at a glance

Delaware rules for a Notice to Vacate
Month-to-month	60 days. Either party gives at least 60 days’ written notice, counted from the 1st of the month after notice is received — notice on the 2nd runs almost 90 days.25 Del. C. §5106(d)

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 to Vacate 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)).

Notice to Vacate in other states

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