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Delaware Month-to-Month Lease Agreement

A Delaware month-to-month lease agreement is a document executed by a landlord and a tenant with the intention of creating a rental arrangement for a residential property unit that renews on a monthly basis. A monthly rental contract is sometimes executed orally, but implementing a written agreement helps maintain the enforceability of the rights, duties, and obligations of the parties.

The terms included in this type of agreement are very similar to a standard 1-year residential lease, except that the parties have the option to terminate the agreement at any time without cause. However, both parties must adhere to the notice period defined in Delaware code, which asserts that sixty (60) days’ notice must be provided to the non-terminating party before the lease is terminated.

Notice For Terminating (§ 5106(d)) – Sixty (60) Days

Tenant Screening Delaware Rental Application


Disclosures (3)

  1. Landlord-Tenant Code
  2. Lead-Based Paint Disclosure
  3. Owner/Landlord Disclosure

1) Landlord-Tenant Code

Landlords must provide new tenants with a summary of the landlord-tenant code at the beginning of a rental agreement.

2) Lead-Based Paint Disclosure

Federally mandated to be signed by both the landlord and the tenant if the rental property was built prior to 1978.

  • Download: PDF

3) Owner/Landlord Disclosure

Landlords must provide new tenants their contact information or the contact information of any designated agents or property managers.