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Breaking a Lease in Delaware

Statute text last checked: October 23, 2026

This page summarizes Delaware statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

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Delaware lets a tenant end a lease early on 30 days' written notice for specific reasons listed in 25 Del. C. § 5314(b), including a job relocation of more than 30 miles, serious illness, military service, and domestic abuse.

When a tenant may terminate early (§ 5314(b))

  • The 30-day notice period begins on the first day of the month following the day of actual notice.
  • A change in location of employment with the tenant's present employer requiring a move of more than 30 miles.
  • Serious illness of the tenant, or death or serious illness of a member of the tenant's immediate family living in the unit, requiring a permanent move.
  • Acceptance into a senior citizens' housing facility, group or cooperative living facility, or retirement home, or into government- or nonprofit-subsidized housing.
  • Entering active-duty U.S. military service after signing the lease.
  • Being a victim of domestic abuse, sexual offenses, or stalking, or having obtained or sought relief from a court, police agency, or domestic violence program.
  • Death of the tenant (termination by the surviving spouse or estate representative).

Lease buyouts

  • § 5314 does not set a buyout fee. If none of the listed reasons applies, your lease terms control; read any early termination or buyout clause carefully.

Frequently asked questions

Can I break my lease in Delaware for a new job?

Under 25 Del. C. § 5314(b)(1), yes, on 30 days' written notice, if a change in work location with your present employer requires moving more than 30 miles.

Does Delaware law set a lease buyout amount?

No. § 5314 lists reasons for early termination on 30 days' notice but does not set a buyout fee; otherwise the lease terms govern.

Sources

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