Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

Citation
Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action
Jurisdiction
Delaware (state)
Source
Official source
Original Source
https://courts.delaware.gov/help/LandlordTenant/ ↗

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Termination at expiration of rental agreement. Unless otherwise provided in the rental agreement, the tenant should be given or sent written notice of termination at least 60 days before the end of the rental term. If the rental agreement is for a manufactured home lot only (and does not include the manufactured home), in the absence of tenant misconduct, the landlord may only refuse to renew a rental agreement if there will be a change in the land use. In that situation, the landlord must follow the special notification requirements contained in 25 Del.C. § 7010(b). (Tenants of residential units must provide at least 60 days written notice of termination for residential units, manufactured homes, and manufactured home lots to avoid possible liability for additional rent, unless otherwise provided in the rental agreement.) 25 Del.C. § 5106 (c) (for residential units); 25 Del.C. § 700 (for manufactured homes and manufactured home lots).

Termination of month to month rental agreements. The tenant must be given at least 60 days written notice with the 60-day period beginning the first day of the month following the day of actual notice. (Tenants must provide the same notice to landlords to avoid liability for additional rent.) 25 Del.C. § 5106(d)

For federally subsidized units. If there is any conflict in notice provisions between the Landlord-Tenant Code and any federal law, regulations, or guidelines covering subsidized units, the latter controls.

For commercial rentals. Notice requirements are determined by the specific rental agreement.

class="anchors"

How are the time periods mentioned computed?