How can a lease be terminated in the State of Delaware?
Either party must give the other party a minimum of 60 days written notice of intent to terminate an existing rental agreement. If the agreement is for more than a month-to-month period, the notice must be given at least 60 days prior to the expiry date of the agreement. If the agreement is month-to-month, the 60 day notice will be effective 60 days from the first day of the month following the day that the notice is given. The notice must indicate that the rental agreement will terminate upon its expiry date.
A tenant may terminate a rental agreement before its expiry date by giving the landlord 30 days written notice in the following circumstances:
(a) if the tenant is required by his or her current employer to move a distance of more than 30 miles;
(b) if a serious illness of the tenant or a member of the tenant's immediate family who lives with the tenant requires the tenant to move on a permanent basis;
(c) if the tenant is accepted for admission into a senior citizens' facility or a group facility or retirement home;
(d) if the tenant is accepted for admission into a subsidized rental unit;
(e) if the tenant, after the execution of the rental agreement, enters US military service on active duty; or
(f) if the tenant dies, in which case the surviving spouse or the personal representative of the tenant's estate may terminate the agreement.
On what grounds can a landlord evict a tenant?
The most common grounds for eviction is nonpayment of rent. If, after receiving proper notice from the landlord, the tenant remains in default, the landlord can bring an action in Justice of the Peace Court for summary possession. A landlord can also commence an eviction action if the tenant fails to properly care for the rental unit or breaks any rule or provision which is material to the rental agreement, or for holding over after the end of a rental agreement, wrongfully deducting money from the rent, ouster (when the rightful tenant has been wrongfully ousted from the unit by another occupant), or conviction of certain crimes.
If the violation by the tenant causes or threatens to cause irreparable harm, or if the tenant is convicted of a class A misdemeanor or a felony during the term of the tenancy which caused or threatened to cause irreparable harm, the landlord may without further notice either correct the violation, or immediately terminate the rental agreement and bring an action for summary possession.
Single room rental agreements for rooms in the landlord's residence may be terminated immediately upon written notice to the tenant for a breach of the agreement or the rules governing the use of the rental unit. The landlord can then bring an action for summary possession.
A landlord cannot retaliate against a tenant by evicting a tenant, attempting to force a tenant to leave, increasing the rent, or decreasing services to which the tenant is entitled within 90 days after the tenant has (i) complained to the landlord or a government authority concerning the condition of the property; (ii) joined or organized a tenants' association; or (iii) pursued any legal right or remedy the tenant has with respect to the tenancy.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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