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Delaware Lease Termination Letter Form – 60 Day Notice

A Delaware lease termination letter is a required notice that must be issued to terminate a lease agreement. It is mandatory whenever either the landlord or tenant is ending a month-to-month rental agreement. While a month-to-month tenancy affords flexibility, it will require at least 60 days’ notice of termination.
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Updated January 13, 2025

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Laws

  • Delivery: Notice to the tenant must be delivered in one of the following ways:[1]
    • Personally; or
    • Leaving a copy at the tenant’s residence with an adult residing therein; or
    • Registered or certified mail; or
    • Posting a copy at the residence, in combination with a certificate of mailing or return receipt; or
    • Personal service by a special process server appointed by the court.
  • Notice Period: 60 days that begins on the first day of the month following the day of actual notice.[2]
  • Penalty for Holdover: If the tenant continues in possession after the termination of the lease, the landlord may start the eviction process and recover up to double the actual rent from the previous lease and recover losses incurred as a result of the holdover.[3]

Sample

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Sources

  1. 25 Del.C. §5113
  2. 25 Del.C. § 5106(d)
  3. 25 Del.C. § 5515(b)