If you're a Rental Associate managing a rental property or a Sales Associate selling investment property, it's important for you to know and understand the Delaware Landlord Tenant Code. You must understand how to effectively deal with potential legal challenges–from evicting tenants to dealing with an injury on the premises. You must learn to protect yourself from potential legal challenges associated with the investment properties you sell or the buildings you manage and lease.

It all starts with a complete understanding of the Code. In a previous column we talked about how to terminate a rental agreement. Once again, taken directly from the Code, here are the requirements for a rental agreement.

5106. Rental agreement; term and termination of rental agreement.

1. No rental agreement, unless in writing, shall be effective for a longer term than 1 year.
2. Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term.

3. The landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days' written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
4. Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days' written notice, which 60-day period shall begin on the 1st day of the month following the day of actual notice.
5. With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.

So know the rules, protect the interests of your client, whether it be buyer, seller, landlord, or tenant, pay attention to details, and I'm sure you'll keep yourself out of trouble.

See you next week.

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