Can I terminate my lease if I plan to buy a home?

Full question:

I am getting ready to sign a new years lease, however, over the next 6 mos to a year, I am thinking about purchasing a home. Can I get out of my lease?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Delaware

Answer:

In Delaware, you can terminate a lease under certain conditions. Generally, if you have a fixed-term lease (not month-to-month), you must provide at least sixty days' written notice to your landlord before the lease ends. Both you and the landlord can terminate the lease this way.

If your lease is month-to-month, either party can terminate it with a minimum of sixty days' written notice, starting from the first day of the month after notice is given.

Additionally, Delaware law allows tenants to terminate a lease early for specific reasons, such as a job relocation over thirty miles, serious illness, or military service. If none of these apply, you may need to fulfill the lease term or negotiate an early termination with your landlord.

For more detailed information about your rights and options, you can refer to Delaware statutes, including 25 Del. C. § 5106 and 25 Del. C. § 5314.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Delaware, you typically cannot terminate a fixed-term lease early without the landlord's consent. If you have a month-to-month lease, you can provide at least sixty days' written notice. If you wish to leave six months early, you may need to negotiate with your landlord for an early termination agreement or pay any penalties outlined in your lease. Always check your lease terms for specific conditions.