If I decide to purchase a home before my lease is up is there a correct way to end the lease?
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?
11/16/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Delaware |
#12390
Answer:
The following are Delaware statutes:
25 Del. C. § 5106. Rental agreement; term and termination of rental
agreement.
(a) No rental agreement, unless in writing, shall be effective for a
longer term than 1 year.
(b) Where no term is expressly provided, a rental agreement for
premises shall be deemed and construed to be for a month — to-month term.
(c) The landlord may terminate any rental agreement, other than
month-to-month agreements, by giving a minimum of 60 days' written notice
to the tenant prior to the expiration of the term of the rental
agreement. The notice shall indicate that the agreement shall terminate
upon its expiration date. A tenant may terminate a rental agreement by
giving a minimum of 60 days' written notice prior to the expiration of
the term of the rental agreement that the agreement shall terminate upon
its expiration date.
(d) Where the term of the rental agreement is month-to-month, the
landlord or tenant may terminate the rental agreement by giving the other
party a minimum of 60 days' written notice, which 60-day period shall begin
on the 1st day of the month following the day of actual notice.
(e) With regard to a tenant occupying a federally-subsidized housing
unit, in the event of any conflict between the terms of this Code and the
terms of any federal law, regulations or guidelines, the terms of the
federal law, regulations or guidelines shall control.
25 Del. C. § 5117. Remedies for violation of the rental agreement or the
Code.
(a) For any violation of the rental agreement or this Code, or both, by
either party, the injured party shall have a right to maintain a cause of
action in any court of competent civil jurisdiction.
(b) In satisfaction of any judgment obtained by the landlord for rental
arrearage or unlawful destruction of property, the wages of the judgment
debtor may be attached in the manner provided by law.
25 Del. C. § 5314. Tenant's right to early termination.
(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 1st 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;
(2) By the tenant, whenever the serious illness of the tenant or the
death or serious illness of a member of the tenant's immediate family,
residing therein, requires a change in the location of the tenant's
residence on a permanent basis;
(3) By the tenant, when the tenant is accepted for admission to a
senior citizens' housing facility, including subsidized public or private
housing, or a group or cooperative living facility or retirement home;
(4) By the tenant, when the tenant is accepted for admission into a
rental unit subsidized by a governmental entity or by a private nonprofit
corporation, including subsidized private or public housing;
(5) By the tenant who, after the execution of such rental agreement,
enters the military service of the United States on active duty;
(6) By a tenant who is the victim of domestic abuse, sexual offenses,
stalking, or a tenant who has obtained or is seeking relief from domestic
violence or abuse from any court, police agency, or domestic violence
program or service; or
(7) By the surviving spouse or personal representative of the estate of
the tenant, upon the death of the tenant.
