Delaware Lease Renewal Refusals: Rights for Renters

If you’re renting a home or apartment in Delaware, understanding your rights when it comes to lease renewals is essential. Landlords may sometimes decide not to renew a lease, but strict rules govern when and how they must do this under Delaware law. This guide will walk you through when landlords can refuse to renew, the notice they must provide, prohibited reasons for non-renewal, and what steps you can take if you believe your rights as a renter are at risk.

When Can a Landlord Refuse to Renew a Lease in Delaware?

Delaware landlords do not have to automatically renew a lease when it ends—whether it is a fixed-term or month-to-month tenancy. However, they must follow specific procedures set out in state law.

Valid Reasons for Non-Renewal

• Lease has reached its end date, and landlord chooses not to renew (no cause required for expiration of a fixed-term lease)
• Tenant violation of significant lease terms or repeated late payment of rent
• Owner intends to move in, make substantial repairs, or take the unit off the rental market

Landlords are not allowed to refuse renewal based on discrimination (such as race, religion, gender, family status, or disability) or in retaliation for tenants exercising their rights (such as requesting repairs or filing complaints). These protections are outlined in the Delaware Landlord-Tenant Code ^[1].

Notice Requirements for Non-Renewal

Landlords must provide written notice if they intend not to renew a lease. The notice period depends on your lease type:

• Month-to-month rentals: At least 60 days’ advance written notice before the end of the month (per 25 Del. C. § 5106 ^[1]).
• Fixed-term leases: No automatic right to renewal unless your lease says otherwise. The lease simply expires, but some landlords will still provide courtesy notice.

Notices must be delivered in person, by registered/certified mail, or as specified in your lease agreement.

Required Delaware Forms and How to Use Them

• Notice to Vacate
  Used by landlords to formally notify a tenant to move out at the end of a lease or to terminate a month-to-month tenancy. There is no state-mandated form number, but examples and requirements are detailed in the Summary Process (Eviction) Instruction Packet from Delaware Courts.
  Example: If a landlord decides not to renew your month-to-month rental, they must give you at least 60 days’ written notice before the desired move-out date.
• Summary Possession Complaint Form (Form CF01)
  Filed by a landlord in Justice of the Peace Court if a tenant does not move out after receiving proper non-renewal notice. Instructions are included in the official court packet.
  Example: If you stay past the termination date without the landlord’s consent, they may file this form to begin eviction proceedings.

Protections Against Retaliation and Discrimination

Delaware law prohibits landlords from ending your lease—or refusing renewal—because you:

• Reported unsafe conditions or requested necessary repairs
• Joined or organized a tenant association
• Exercised other legal tenant rights

Additionally, federal and Delaware housing law bars refusal to renew for discriminatory reasons under the Fair Housing Act and Delaware Landlord-Tenant Code.

What to Do If Your Lease Isn’t Renewed

If your landlord lawfully decides not to renew, you must vacate by the specified date. Here are the general steps you might follow:

• Carefully review your lease and any non-renewal notice
• Make sure the landlord provided the legally required notice
• If you believe the refusal is illegal, gather any documentation (emails, letters, repair requests) and seek advice
• If the landlord files for eviction and you disagree, you may respond in the Justice of the Peace Court

Delaware’s Residential Tribunal

Residential tenancy disagreements—including wrongful non-renewals—are handled by the Justice of the Peace Court, Delaware’s residential landlord-tenant tribunal.

Frequently Asked Questions (FAQ)

1. Does a landlord have to give a reason for not renewing my lease in Delaware?
   For most leases, especially fixed-term, landlords are not required to give a reason as long as they do not discriminate or retaliate and they follow legal notice procedures.
2. How much notice is required if my landlord won’t renew my month-to-month lease?
   Delaware law requires at least 60 days' advance written notice before the end of a rental month.
3. What can I do if I suspect my lease was not renewed for a discriminatory or retaliatory reason?
   You may file a complaint with the Delaware Division of Human Relations or seek help from the Justice of the Peace Court.
4. If my landlord files an eviction after non-renewal, how do I respond?
   You can contest the eviction in the Justice of the Peace Court. Respond to any court documents promptly.
5. Are there official forms I need if my landlord tries to evict me after not renewing my lease?
   If you need to respond to an eviction complaint, use the forms and instructions from the Delaware Courts website.

Conclusion: Key Takeaways for Delaware Renters

• Landlords may refuse to renew a lease if they provide proper notice and do not act for illegal reasons
• Delaware requires 60 days’ written notice for most month-to-month non-renewals
• You’re protected against discrimination and retaliation; seek help if you believe your rights are violated

Need Help? Resources for Renters

• Justice of the Peace Court – Delaware Residential Tenancies Tribunal
• Delaware State Housing Authority
• Delaware Division of Human Relations (housing discrimination complaints)
• Delaware Courts: Landlord/Tenant Help

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1. Delaware Landlord-Tenant Code (25 Del. C. Chapter 51)
2. Delaware Courts: Summary Process (Eviction) Instruction Packet
3. Delaware Justice of the Peace Court
4. Delaware Division of Human Relations

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