Full question:
I am a tenant in Delaware and need to change my residence as my employer’s establishment has been relocated some 40 miles away. Can I terminate the lease and move out before the lease term ends?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Delaware
Answer:
Generally, in Delaware a tenant who breaks a lease owes the rent for the entire lease term. But there is an exception to this general rule that you may opt for an early termination before the expiry of the lease term. The statutory provision governing this aspect is provided in 25 Del. C. § 5314 which reads as follows:“(a) Except as is otherwise provided in this part, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and all parties shall thereupon discharge any remaining obligations as soon as is practicable.
(b) Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated:
(1) By the tenant, whenever a change in location of the tenant's employment with the tenant's present employer requires a change in the location of the tenant's residence in excess of 30 miles;
***”
Thus, in Delaware a tenant may legally terminate a lease, upon notice, if there is a change in location of tenant’s employment and s/he is required to change the location of residence more than 30 miles away. So, you may terminate the lease and move out before the lease term ends after giving 30 days' notice as you need to change your residence because your employer has relocated more than 30 miles away.
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.
