The rule in Delaware
To end a month-to-month tenancy in Delaware, the notice period is 60 days, set by 25 Del. C. § 5106(d). The words: “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 first day of the month following the day of actual notice.” The same period binds the tenant: the statute gives landlord and tenant one rule.
Of the 29 states verified on this site, 26 require less notice and 0 require more, counting a month as 30 days for comparison; the median is 30 days. Maryland and Vermont land on the same length.
Worked date: a notice delivered on November 10, 2026 starts its count on December 1, 2026, the first day of the following month, runs its 60 days on January 30, 2027, so the notice can name January 30, 2027 or a later date as the end of the tenancy, 81 days after delivery.
Given on the rent day itself, December 1, 2026, the same notice reaches its end on March 2, 2027, 91 days later, because the count still waits for the first day of the next month. A period stated in days is the same length in every month.
Across the border, among neighbours with a verified rule: Maryland requires 60 days.
Where no term is expressly provided, a Delaware rental agreement is treated as month-to-month (§ 5106(b)).
After the notice: the landlord then has 20 days to return the security deposit (deposit rules), so a tenancy ending on January 30, 2027 puts the deposit deadline at February 19, 2027; rent that falls due before the end date is still owed, and Delaware's late-fee rule is 5% of the monthly rent (late fees).
Source: Delaware Code Online, 25 Del. C. § 5106 · last checked October 21, 2026.
Giving or receiving notice
The statute sets the shortest period; a lease can add conditions such as a written form or a delivery method, and some cities add their own rules. The guide on ending a month-to-month tenancy compares how the verified states count the period.
Questions
How much notice ends a month-to-month tenancy in Delaware?
60 days, under 25 Del. C. § 5106(d). Checked October 21, 2026.
Does the tenant give the same notice in Delaware?
Yes. The section quoted sets one period for landlord and tenant alike.
Does the end date have to fall on a rent day?
The section quoted counts the period from the notice to the date it names, without tying it to a rent day. From November 10, 2026 the period runs to January 30, 2027.