Lewes, DE asked in Landlord - Tenant for Delaware

Q: Do I have the responsibility to pay two months' worth of rent after moving out if my landlord cannot find a new tenant?

My landlady is requiring me to pay for the period between my 60 day notice (effective Aug 1) and the end of my oral month-to-month lease (Sept 1). Is this legal? No lease was signed, and no terms were discussed as to the lease. There was an oral agreement to $600 per month, and I have been given my 60 day notice, but I was not given a copy of the Landlord Tenant Law, and I never signed anything, including this 60 day notice. Am I required to pay for the time between when I move out and the end of this 60 day notice if my landlady is unable to find another tenant in that period of time?

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

A: Delaware law provides that when a lease is month to month, the landlord or the tenant can terminate the lease by giving the other a minimum of 60 days notice. The 60 days begins to run on the 1st day of the month following the date of the notice. You are responsible for the rent during this 60 day period.

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