What happens if a tenant breaks a lease in Delaware?

In Delaware, if a tenant wrongfully quits the rental unit and shows an intention not to resume the tenancy, the landlord has a duty to mitigate damages. The tenant is liable for the lesser of two amounts. The first is the entire rent due for the remainder of the term plus the cost of actual damage beyond normal wear and tear incurred in preparing the unit for a new tenant. The second is the rent accrued during the period reasonably necessary to re-rent at a fair rental, plus the difference between that fair rental and the agreed rent, the expenses of re-renting, repairs beyond normal wear and tear and a reasonable commission. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is 25 Del. C. § 5507.

WhatDelaware
Landlord’s duty to re-rentRequired by statute
What it meansThe landlord must make reasonable efforts to re-rent

Source

25 Del. C. § 5507

Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.

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