Breaking a Lease in Delaware
Delaware rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from a court, police agency, or domestic violence program, may end the tenancy on 30 days' written notice (the 30 days start on the first day of the month after notice is… 25 Del. C. §§ 5314(b)(6), 5316
The rules in Delaware
| Ending a lease: domestic violence | A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from a court, police agency, or domestic violence program, may end the tenancy on 30 days' written notice (the 30 days start on the first day of the month after notice is given). Separately, the landlord may not evict, raise rent, or cut services because of the victimization (rebuttable presumption within 90 days of an incident); this protection does not apply to a tenant otherwise delinquent in rent. The statute does not specify documentation to accompany the notice. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5314(b)(6), 5316 |
|---|---|
| Ending a lease: military, medical, death | On 30 days' written notice (starting the first day of the next month): job relocation by the current employer of more than 30 miles; serious illness of the tenant, or death/serious illness of a resident immediate family member, requiring a permanent move; acceptance into senior housing, a group/cooperative facility or retirement home; acceptance into government- or nonprofit-subsidized housing; entering active-duty U.S. military service after signing; and termination by the surviving spouse or personal representative on the tenant's death. A deceased sole tenant's unit may be returned to the landlord without suit under § 5719. § 5719 is in chapter 57: https://delcode.delaware.gov/title25/c057/index.html Re-verified 2026-10-27. Source: 25 Del. C. §§ 5314(b), 5719 |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
Delaware vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| Delaware | A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from a court, police agency, or domestic violence program, may end the tenancy on 30 days' written notice (the 30 days start on the first day of the month after notice is given). Separately, the landlord may not evict, raise rent, or cut services because of the victimization (rebuttable presumption within 90 days of an incident); this protection does not apply to a tenant otherwise delinquent in rent. 25 Del. C. §§ 5314(b)(6), 5316 | On 30 days' written notice (starting the first day of the next month): job relocation by the current employer of more than 30 miles; serious illness of the tenant, or death/serious illness of a resident immediate family member, requiring a permanent move; acceptance into senior housing, a group/cooperative facility or retirement home; acceptance into government- or nonprofit-subsidized housing; entering active-duty U.S. military service after signing; and termination by the surviving spouse or personal representative on the tenant's death. A deceased sole tenant's unit may be returned to the landlord without suit under § 5719. 25 Del. C. §§ 5314(b), 5719 |
| Maryland | A tenant who is, or whose legal occupant is, a 'victim of abuse' may end future lease liability with written notice of intent to vacate, sent by first-class mail or hand delivery, stating the victim status. The notice must include one of these: a protective order, a peace order based on abuse, or a qualified third party's report signed within the past 60 days with the alleged abuser's name and description redacted. The tenant has 30 days to move out and owes rent only from the notice date until move-out, up to 30 days. A tenant who leaves sooner must send a signed, notarized notice of vacating by first-class mail or hand delivery; the landlord must then inspect and confirm the rent owed or refund due. If the tenant has not left within 30 days, the landlord may treat them as a holdover or treat the notice as withdrawn. The abuser's liability does not end. Md. Code, Real Prop. §§ 8-5A-02, 8-5A-03 | Military: an active service member, or the member's spouse, who receives a change of assignment owes no more than rent then due plus 30 days' rent after giving written notice and proof, plus repair costs for damage. A change of assignment includes PCS orders, temporary duty over 90 days, orders to move on base, and release from active duty. Medical: a tenant owes no more than 2 months' rent after moving out if, before vacating, they give written notice with a move-out date and a certification from a Maryland-licensed physician or psychologist, on letterhead or a prescription form. The certification must state that a medical condition restricts mobility, requires a move for a higher level of care, or is a mental disorder making continued residence unfeasible. The medical rule does not apply if the lease already has an early-termination clause requiring 1 month's notice or less and charging 2 months' rent or less. Md. Code, Real Prop. §§ 8-212.1, 8-212.2 |
| New Jersey | Yes. A tenant may end a residential lease early by giving the landlord (a) written notice that the tenant or the tenant's child faces an imminent threat of serious physical harm from a named person if the tenant stays, and (b) one of: a certified copy of a permanent restraining order (NJ or another jurisdiction) protecting the tenant from that person; a law enforcement record documenting the domestic violence or certifying the tenant or child is a victim; medical documentation from a health care provider; a certification from a certified Domestic Violence Specialist or the director of a designated DV agency; or documentation from a licensed social worker. The termination takes effect 30 days after the landlord receives the notice (or earlier by agreement), with rent paid pro rata to that date. Co-tenants' lease also ends, though the landlord may offer them a new lease. The landlord must have the deposit plus interest, less lawful charges and rent owed, available for return within 15 business days. The landlord may not disclose the tenant's information except as the law allows. N.J.S.A. 46:8-9.4 to 46:8-9.12 (esp. 46:8-9.6, 46:8-9.7); 46:8-21.1 | Death: a residential lease of one year or more may be ended after the death of the tenant or the tenant's spouse by written notice from the tenant, the estate's executor or administrator, or the surviving spouse (if the lease was signed jointly). Disability/senior: a lease of one year or more may be ended if (a) the tenant or spouse has a disabling illness or accident, with a treating physician's certification that they cannot work, proof of lost income, and proof that other benefits cannot cover the rent; (b) the tenant or spouse (one aged 62+) is accepted into assisted living, a nursing home, or a continuing care retirement community, with a physician's certification and proof of acceptance; (c) the tenant or spouse (one aged 62+) is accepted into low- or moderate-income housing; or (d) the unit is not accessible for a household member with a lasting disability and the landlord was asked to make it accessible at the landlord's cost but did not. In all these cases the termination takes effect on the 40th day after the landlord receives written notice, rent is due until then, and the unit must be vacated at least 5 working days before that 40th day. The death provision does not apply if the lease explicitly provides otherwise. N.J.S.A. 46:8-9.1; 46:8-9.2 |
| Pennsylvania | Not verified yet | Death of a sole tenant: the executor or administrator may terminate the residential lease on 14 days' written notice, effective the later of the last day of the second calendar month after the month of death or surrender of the unit with all belongings removed; the estate owes rent and debts through termination but no penalty for early termination (applies to leases entered or extended after the 2016 amendment). No state medical/disability or senior-care termination right found in the Act. 68 P.S. 250.514 (Landlord and Tenant Act s. 514, added 2016, P.L.968, No.116) |
More Delaware rental law
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- Free legal help in Delaware
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Breaking a Lease in Delaware FAQ
Can a domestic violence survivor break a lease in Delaware?
A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from a court, police agency, or domestic violence program, may end the tenancy on 30 days' written notice (the 30 days start on the first day of the month after notice is given). Separately, the landlord may not evict, raise rent, or cut services because of the victimization (rebuttable presumption within 90 days of an incident); this protection does not apply to a tenant otherwise delinquent in rent. (25 Del. C. §§ 5314(b)(6), 5316)
When can a tenant break a lease without penalty in Delaware?
On 30 days' written notice (starting the first day of the next month): job relocation by the current employer of more than 30 miles; serious illness of the tenant, or death/serious illness of a resident immediate family member, requiring a permanent move; acceptance into senior housing, a group/cooperative facility or retirement home; acceptance into government- or nonprofit-subsidized housing; entering active-duty U.S. military service after signing; and termination by the surviving spouse or personal representative on the tenant's death. A deceased sole tenant's unit may be returned to the landlord without suit under § 5719. (25 Del. C. §§ 5314(b), 5719)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.