Delaware Code
Subchapter I. Rights, Obligations and Procedures, Generally
§ 5108. Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications.

(a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord's intention to terminate the rental agreement and the tenant does not give 45 days' notice to the landlord of tenant's intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect.
(b) The provisions of § 5107(a) through (c) of this title shall control if a notice of renewal with modifications has been sent.
(c) 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.

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