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.
| What | Delaware |
|---|---|
| Landlord’s duty to re-rent | Required by statute |
| What it means | The landlord must make reasonable efforts to re-rent |
Source
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.
Guides on this rule
- Breaking a Lease by State: What the Tenant Owes — What a tenant owes after leaving a lease early, and the 34 states whose statutes say whether the landlord must try to re-rent the home.
Compare this rule in every state
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- How much can a landlord charge for a rental application fee in Delaware?
- What are squatters’ rights in Delaware?
- Can a landlord refuse a Section 8 voucher in Delaware?
- Can a landlord retaliate against a tenant for complaining in Delaware?
- Can a tenant repair and deduct from rent in Delaware?
- Can a tenant sublet in Delaware?
- Do contractors charge sales tax in Delaware?
- Every Delaware rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- California
- Connecticut
- District of Columbia
- Florida
- Hawaii
- Illinois
- Iowa
- Kansas
- Kentucky