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Early Termination of Oral Lease

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Junior Member
What is the name of your state (only U.S. law)? DE

My husband and I are having an issue with our landlord. We have had an oral agreement for a lease of a garage apartment for the last three years, in that time we had thought that we had a very good relationship with him, however in the last three to four months he as been ignoring us (to the point he will go in the house when we are outside). He informed us while we were taking out the trash this Monday that he would be increasing our rent by $100 in January, with all that we have put up with the last few months and given the fact that he has failed to make repairs we have decided to move. We gave him written notice that we would be vacating the apartment by Thanksgiving, and he gave us a letter stating that we would owe him rent for the next 60 days, including the rent increase.
The only things that have been in writing have been the notice that we sent him and his letter. To make matters worse he is a real estate lawyer and has informed us that if we don't pay him he will take us to court.

Help Please!


Senior Member
http://attorneygeneral.delaware.gov/consumers/protection/brochure/landlordcode.pdf Notice of termination. (§5106) The landlord or the tenant must give a minimum of sixty (60) days written notice to the other party if either intends to terminate an existing rental agreement. If the rental agreement is for more than a month-to-month period, the notice must be given at least sixty (60) days prior to the expiration of the rental agreement. If the agreement is on a month to month basis, the sixty (60) day notice will be effective sixty (60) days from the first day of the month following the day actual notice is given. The notice must indicate that the rental agreement will terminate upon its expiration date. If a tenant rejects a notice of renewal of the rental agreement with changes sent by the landlord under §5107, that rejection will be treated as an effective termination notice. Even month to month renters in your state must give proper notice. JUST out of curiousity have you ever contacted your county govt center property tax desk to learn how many housing units are registered at your address?

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