Newark, DE asked in Landlord - Tenant for Delaware

Q: Can I break my lease without penalty if....?

This is the second month of my one year rental agreement. I have just changed employers and am required to be at a location over 30 miles away from the apartment complex I signed the agreement with.

Can I termination my lease without penalty? The apartment complex follows Title 25 of the Delaware Landlord-Tenant Code. The following is what I believe applies:

(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;

The "fuzzy" area: My "present employer" is different from the employer I had when I first signed the agreement.

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Wilmington, DE
  • Licensed in Delaware

A: The term "present employer" does not mean your employer at the time you signed the lease. It means your employer at the time you have to move. The idea is that you can't get out of a lease if you decide to take a job with a new employer.

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