Delaware law provides a strict series of guidelines for the protection of all parties to a lease of residential or commercial property. The intent is to ensure all sides are treated fairly and equitably. Understanding the rights and obligations of all parties prior to, during and after a summary possession action can help prevent costly misunderstandings or outright rejection of the case by the court having jurisdiction.
Under Delaware law, a tenant can terminate a rental agreement in the first month if the landlord does not adhere to the terms of the lease or if the tenant moves into a property where an issue exists that violates an ordinance, code, statute or regulation and the tenant maintains possession because of a promise by the landlord to correct the issues. If the same breach occurs again within six months, the tenant may terminate the agreement by giving the landlord a 15-day written notice specifying the breach and rental agreement termination date.