25 Del. C. ch. 71 § 7107
Extension and termination of leases
Operative Text
(a) Any tenant at the time of the preliminary notice grace period shall be entitled to have the tenant’s lease extended, on the same terms and conditions as the immediately preceding lease, until the expiration of the grace period. Nothing in this subsection shall prevent the owner from increasing rent pursuant to § 7110(d) of this title. (b) After receipt of the final notice, and upon 30 days’ written notice to the owner, a tenant may without penalty terminate the tenant’s existing lease; provided, however, that the owner shall receive a full month’s rent for any partial month of tenancy.
Under 25 Del. C. ch. 71 § 7107, when a preliminary notice grace period is triggered, tenants have the right to remain in their unit under the same lease terms until that grace period ends. Once a final notice has been issued, a tenant may end their lease early without facing a penalty by giving the owner 30 days' written notice, though the owner is still entitled to a full month's rent for any partial month the tenant occupies the unit. Separately, nothing in this provision prevents an owner from raising rent in accordance with § 7110(d) during the grace period extension.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 71 § 7107 should be aware that during a preliminary notice grace period, existing lease terms generally remain in effect and tenants are entitled to that extension — though rent increases permitted by § 7110(d) may still be applied. Once a final notice has been issued, a compliant operator accepts a tenant's 30-day written termination notice without imposing early-termination penalties, while still collecting a full month's rent for any partial month of occupancy. Keeping clear written records of all notices and rent calculations helps demonstrate compliance with the provision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7107 of Title 25 of the Delaware Code gives tenants the right to stay in their home on the same lease terms through the end of a preliminary notice grace period, providing a window of stability during that time. After a final notice is received, tenants have the option to end their lease early by giving the owner 30 days' written notice without incurring a penalty, though a full month's rent is still owed for any partial month of tenancy. Tenants who believe these rights are not being honored may consider reaching out to a local tenant-rights organization or consulting with a housing attorney to understand the enforcement paths available under § 7107.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation