During the agreement term, you may not change the rental amount. If you provide at least 60 days’ notice to the tenant, you may change the rental amount and any other provision in the agreement for the next rental period. However, the tenant has the opportunity to deny the changes made in the revised agreement for the next lease term if made within 45 days; this rejection of lease terms is an effective termination notice. If the tenant does not reject the terms in the time allotted, it is understood that the tenant effectively accepted and agreed to the terms for the next rental period.

Using the same notice periods above, you may also change the security deposit at the equivalent rate that the rent has changed. If the increase of the security deposit will exceed ten percent of the monthly rent, payment of the increased security deposit must be prorated over the term of the rental agreement. In the case of a month-to-month tenancy, the increased amount of the security deposit must be prorated over the period of four months.

Premature termination of the tenancy

There are also reasons to end the tenancy before the end of the agreement period, as seen below:

Termination by Landlord

  • The tenant or their occupants, guests, or invitees fail to comply with any term of the agreement;
  • The tenant misrepresents any material fact on their rental application;
  • The premises is a single room in certain buildings and the tenant violates a rule or regulation, per 25 Del.C. § 5512;
  • The tenant causes or threatens to cause irreparable harm to any person or property, or they’re convicted of a class A misdemeanor or felony during the term of this Agreement, per 25 Del.C. § 5513(a)(3); or
  • Otherwise provided by law.

Termination by Tenant

  • The landlord fails to substantially conform to the Agreement, or if there is a material noncompliance with any code, statute, ordinance, or regulation governing the maintenance or operation of the Premises, per 25 Del.C. § 5302;
  • There exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of their bargain, the tenant has notified the landlord in writing of the condition, and the landlord did not remedy the condition within 15 days following receipt of notice, per 25 Del.C. § 5306;
  • The landlord fails to provide hot water, heat, water, or electricity to the tenant, or fails to remedy any condition which materially deprives the tenant of a substantial part of the benefit of their bargain, per 25 Del.C. § 5308;
  • The premises or any other property or components necessary to its enjoyment are damaged or destroyed by fire or casualty to an extent that enjoyment of the premises is substantially impaired, and such fire or other casualty occurs without fault on the part of the tenant, per 25 Del.C. § 5309;
  • The landlord removes or excludes the tenant from the premises except under color of a valid court order, per 25 Del.C. § 5313;
  • The tenant qualified for early termination, per 25 Del.C. § 5314; or
  • The landlord makes repeated demands for unreasonable entry or any actual entry which is unreasonable and not consented to by the tenant, per 25 Del.C. § 5510; or
  • Otherwise provided by law.

Tenant's right to early termination

In the above section, one of the bullet points reference your tenant possibly qualifying for early termination, per 25 Del.C. § 5314. The following qualifications are those which allow a tenant to terminate the agreement early upon 30 days’ notice:

  • By the tenant, whenever a change in location of the tenant’s employment with the tenant’s present employer requires a change in the location of the tenant’s residence in excess of 30 miles;
  • By the tenant, whenever the serious illness of the tenant or the death or serious illness of a member of the tenant’s immediate family, residing therein, requires a change in the location of the tenant’s residence on a permanent basis;
  • By the tenant, when the tenant is accepted for admission to a senior citizens’ housing facility, including subsidized public or private housing, or a group or cooperative living facility or retirement home;
  • By the tenant, when the tenant is accepted for admission into a rental unit subsidized by a governmental entity or by a private nonprofit corporation, including subsidized private or public housing;
  • By the tenant who, after the execution of such rental agreement, enters the military service of the United States on active duty;
  • By a tenant who is the victim of domestic abuse, sexual offenses, stalking, or a tenant who has obtained or is seeking relief from domestic violence or abuse from any court, police agency, or domestic violence program or service; or
  • By the surviving spouse or personal representative of the estate of the tenant, upon the death of the tenant.