Delaware Landlord Notice of Nonrenewal or Termination of Month-to-Month Tenancy
DELAWARE LANDLORD NOTICE OF NONRENEWAL OR TERMINATION OF MONTH-TO-MONTH TENANCY
Before you use this: Use this no-cause notice only where the landlord may end the tenancy without stating good cause. Check the agreement, federal housing rules, and the special owner-occupied single-room provisions; a good-cause termination may require different content and § 5606 tenant-representation materials. Select the route that fits and calculate its date from actual notice.
Notice date: [__/__/____]
To tenant(s): [FULL LEGAL NAMES]
From landlord or authorized agent: [FULL LEGAL NAME AND CAPACITY]
Rental premises: [STREET ADDRESS, UNIT, CITY, DELAWARE ZIP]
Rental agreement date: [__/__/____]
Notice of termination
I give written notice that the rental agreement for the premises identified above will terminate on [__/__/____]. Please surrender possession and return the keys and access devices by [TIME] on that date. This notice does not itself authorize the landlord to take possession without following applicable law.
Select one route:
☐ Fixed term ending. The current rental agreement expires on [__/__/____]. The termination date stated above is that expiration date. This notice is delivered at least 60 days before expiration under 25 Del. C. § 5106(c). No modified-renewal notice under § 5107 is being offered with this notice.
For a term of one year or more, check § 5108 before sending: when its notice conditions are met, the agreement can continue month to month after the term ends.
☐ Month-to-month tenancy. The tenancy is month to month. Actual notice will occur on [__/__/____]. The 60-day notice period under 25 Del. C. § 5106(d) begins on the first day of the month following actual notice, [__/__/____]. The termination date stated above is at least 60 days after that starting date.
Lease provision concerning termination or notice, if any: [SECTION AND TEXT OR NONE]
Other applicable housing-program or court requirement checked: [DETAILS OR NOT APPLICABLE]
Please contact [NAME] at [PHONE OR EMAIL] to arrange return of keys and a move-out inspection. Send any forwarding address for deposit correspondence to [LANDLORD NOTICE ADDRESS].
Landlord or authorized agent signature: ______________________________
Printed name and title: [________________________________]
Notice address: [________________________________]
Delivery record
I served this notice on [__/__/____] by the method selected below. Record the date of actual notice separately if it differs from the service date.
☐ Personally delivered to tenant [NAME] at [PLACE] on [__/__/____].
☐ Left a copy at the rental unit or usual abode with adult resident [NAME] on [__/__/____].
☐ Sent by ☐ registered mail ☐ certified mail ☐ first-class mail with certificate of mailing, postage prepaid, to the rental premises on [__/__/____]. Attach the return receipt or certificate of mailing.
☐ Posted on the rental unit on [__/__/____] and mailed a copy by a method above on [__/__/____]. Attach the mailing evidence.
☐ Personally served by a court-appointed special process server [NAME] on [__/__/____]. Attach the service record.
Actual notice date used for the § 5106(d) calculation, if applicable: [__/__/____]
Additional delivery details or attachment: [________________________________]
Delivered by: ______________________________ Date: [__/__/____]
Official sources
About this template
- Last updated
- October 28, 2026
- Citations checked
- October 28, 2026
- Jurisdiction
- Delaware
- Category
- Landlord & Tenant
Legal authority
- 25 Del. C. § 5106(c)-(e) (fixed-term and month-to-month termination notices; federal housing exception)
- 25 Del. C. § 5108(a)-(b) (month-to-month extension when no timely termination or modified renewal notice)
- 25 Del. C. § 5113(a)-(c) (service of notices)
- 25 Del. C. § 5512 (special rules for certain owner-occupied single-room rentals)
- 25 Del. C. § 5602(b)(1)(c) (good-cause termination notice triggers representation route)
- 25 Del. C. § 5606(3) (informational-materials disclosure for covered notices)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 28, 2026.
25 Del. C. § 5106(c) (checked October 28, 2026): "the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date."
25 Del. C. § 5106(d) (checked October 28, 2026): "Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice."
25 Del. C. § 5106(e) (checked October 28, 2026): "(e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control. 70 Del. Laws, c. 513, § 1 ;"
25 Del. C. § 5108(a) (checked October 28, 2026): "Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord’s intention to terminate the rental agreement and the tenant does not give 45 days’ notice to the landlord of tenant’s intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect."
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