Delaware Notice to Vacate Rules
Delaware rules on notice to vacate for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. 25 Del. C. § 5106(d)
The rules in Delaware
| Ending a month-to-month lease | Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. Fixed-term leases also require 60 days' written notice to terminate (§ 5106(c)); a lease of 1+ year with no notice converts to month-to-month (§ 5108). Renewal with changed terms (including rent) requires 60 days' written notice; tenant may reject with 45 days' notice (§ 5107). Re-verified 2026-10-27. Source: 25 Del. C. § 5106(d) |
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Related questions
- How much notice does a landlord have to give to end a lease or not renew?
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Delaware vs. neighboring states
| State | Ending a month-to-month lease |
|---|---|
| Delaware | Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. 25 Del. C. § 5106(d) |
| Maryland | Landlord: written notice at least 60 days before expiration for month-to-month tenancies and leases for a stated term over 1 week; 90 days for year-to-year; 7 days for week-to-week with a written lease (21 days without one). Tenant: at least 30 days' notice (90 days for year-to-year). Md. Code, Real Prop. § 8-402(c)(2)-(3) |
| New Jersey | Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. N.J.S.A. 2A:18-61.1, 2A:18-61.3; 2A:18-53(a), 2A:18-56(b); 2A:42-5 |
| Pennsylvania | 15 days' notice before the end of the term (applies to leases of one year or less or indeterminate term, including month-to-month) for either party per the AG guide; the statute's 15-day notice-to-quit governs landlord termination. Act § 501(b) (68 P.S. § 250.501(b)); PA AG Consumer Guide |
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Delaware Notice to Vacate Rules FAQ
How much notice is needed to end a month-to-month lease in Delaware?
Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. (25 Del. C. § 5106(d))
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.