Breaking a Lease in Delaware
Statute text last checked: October 23, 2026
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Check your Delaware lease →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
- 25 Del. C. § 5314 (Chapter 53) (official text)
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