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Updated July 11, 2022

A Delaware Month-to-Month Rental Agreement Template is a document utilized to solidify a leasing arrangement without a fixed term. That is, a living arrangement whose length of time depends upon the each party’s decision to continue at the end of each month. This arrangement will automatically renew at the end of each month unless a notice to quit has been given. The notice to quit is considered a requirement in this state for this type of lease in this state. In this way, both parties can enjoy the protection a written lease agreement provides while remaining reasonably flexible enough to allow either to terminate at his or her discretion.

The reason why notice is given is simply to prevent the remaining party from suffering the financial shock of any sudden major shifts in finances or lifestyle. After all, a property rental arrangement has a major impact upon all participants. While this type of lease does afford quite a bit of flexibility in its terms, it is still a contract. Therefore, each role has its obligations and responsibilities and will be held liable to live up to them should a dispute land the two parties in a court of law. The courts will view the contract as binding and rule accordingly.

Minimum Termination Period – 60 Days

Laws –  Title 25 § 5106

How to Write

Step 1 – The first paragraph will define the parties and date. Enter, in this order, the landlord’s full name, the tenant’s full name and the date of the agreement.

Step 2 – The next required definition will be in the “Premises” section. Enter the street address and city of the rental space.

Step 3 – The “Lease Terms” section will define the time frames involved for this lease. Enter the first calendar day, the lease will go in effect.

Step 4 – In “Lease Payment,” enter the dollar amount the monthly rental amount then the calendar day, month, and year the lease shall commence.

Step 5 – The “Late Charges” section shall require three entries. The first will be the last day of the month the rent will be accepted as on time. Then enter the daily penalty fee that will be assessed every day the rent is not received. Finally, enter the day of the month that nonpayment will result in initiating eviction proceedings.

Step 6 – In “Defaults” enter the number of days from a notice that a tenant has to correct the problem before being considered in default status.

Step 7 – Enter the maximum number of people allowed to live with the tenant in “Occupants.”

Step 8 – Additional expenses necessary to maintain a living situation should be defined. This will be done in the form of checkboxes in the “Utilities and Services” section. Check each box that a lessee shall be charged for. There will be a blank line for any unnamed expenses.

Step 9 – Define the security amount that will be required of the tenant should they have any pets in the “Pets” section.

Step 10 – In the “Abandonment” section, define the number of consecutive days a tenant must be missing before the landlord may assume the residence has been abandoned. Then define the number or consecutive days the tenant has gone missing after he or she has not paid rent.

Step 11 – The “Governing Law” section will require the tenant’s initials if they have been given a copy of the Delaware Landlord-Tenant Code Title 25. This is a requirement of state law.

Step 12 – In “Display of Signs,” enter the number of days before the move out date in which a landlord may display advertisements and show the space to prospective tenants.

Step 13 – Enter the hours furniture will be allowed to move onto or out of the premises in the “Noise” section.

Step 14 – The “Parking” paragraph will define a tenant’s parking privileges. If the tenant is granted a parking space, check the first box then enter where the space is located and the number of cars the tenant will be allowed to park there. If the tenant is not granted parking privileges, check the second box and leave the rest of the paragraph blank.

Step 15 – At the bottom of the document, the landlord and tenant(s) should sign and print their names to seal the agreement.