Delaware Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Delaware, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Delaware. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Delaware |
|---|---|
| Where these laws apply | Delaware's Residential Landlord-Tenant Code (Title 25, Chapters 51 to 59) governs the rights, remedies and obligations under any rental agreement for a rental unit in Delaware, wherever signed; agreements for commercial rental units are excluded. Unless created solely to avoid the Code, it does not govern residence at an institution incidental to detention or to medical, geriatric, educational, counseling, religious or similar services (such as prisons, student housing provided by a college or school, nursing homes and hospitals); residence by a member of a fraternal organization in a structure operated for its benefit; residence in a hotel, motel, cubicle hotel or similar lodging; nonrenewable rental agreements of 120 days or less in a calendar year for a dwelling within Broadkill, Lewes-Rehoboth, Indian River, Baltimore and Cedar Creek Hundreds; a rental of ground on which the tenant built or installed a dwelling the tenant owns, or where the tenant obtains title to existing improvements; or a certified recovery house. 25 Del. C. §§ 5101(a), (b), 5102 |
| Security deposit limit | 1 month's rent where the rental agreement is for 1 year or more. For month-to-month tenancies or tenancies of undefined term that have lasted 1 year or more, also 1 month's rent (except under federally-assisted housing regulations); after 1 year the landlord must immediately credit the tenant with any amount above 1 month's rent, counting any surety bond. These limits do not apply to furnished rental units. A separate pet deposit may be required, up to 1 month's rent whatever the length of the agreement, but none for a certified and trained support animal of a disabled resident. 25 Del. C. § 5514(a), (i)(2), (3) |
| Where deposits are held | The landlord must place each deposit in an escrow bank account, designated as a security deposits account, at a federally insured banking institution with an office in Delaware that accepts deposits, and may not use the account in operating any business. The landlord must tell the tenant where the account is; the deposit is held for the tenant's benefit, and the tenant's claim comes before the landlord's creditors, including a bankruptcy trustee. If the landlord does not disclose the account's location within 20 days of the tenant's written request, or does not deposit the money in such an institution, the deposit is forfeited to the tenant; not returning it within 20 days of the forfeiture entitles the tenant to double the deposit. 25 Del. C. § 5514(b), (g)(2) |
| Returning the deposit | Within 20 days after the rental agreement ends, the landlord must return any part of the deposit it is not entitled to keep, and give an itemized list of damages with estimated repair costs and pay the difference; not giving the list acknowledges that no payment for damages is due. A tenant who accepts the payment agrees to the listed damages unless the tenant objects in writing within 10 days of receiving it. Not remitting within 20 days entitles the tenant to double the amount wrongfully withheld. The deposit goes to the tenant's address in the rental agreement or a forwarding address the tenant gives in writing by the end of the agreement; without an address, the landlord is relieved of the notice duty and of double damages but still owes any unused deposit if the tenant claims it in writing within 1 year. 25 Del. C. § 5514(e), (f), (g)(1), (h) |
| Deposit deductions | Actual damage the tenant caused beyond normal wear and tear, or that cannot be corrected by painting and ordinary cleaning; all rent arrearage under the rental agreement, including late charges and rent due for the tenant's premature termination or abandonment; and reasonable costs of renovating and re-renting caused by the tenant's premature termination (no more than 1 month's rent for a termination under § 5314). Damage caused by an animal comes first out of any pet deposit, then out of the security deposit. 25 Del. C. § 5514(c), (i)(1) |
| Interest on deposits | Not required by Delaware's Residential Landlord-Tenant Code (Title 25, Chapters 51 to 59). 25 Del. C. chs. 51-59 (no provision) |
| Landlord entry notice | At least 48 hours' notice of the landlord's intent to enter, except for repairs the tenant requested, and entry only between 8:00 a.m. and 9:00 p.m.; in an emergency the landlord may enter at any time. For prospective tenants or buyers only, the tenant may waive the 48-hour notice in a signed addendum to the rental agreement or another signed document. The landlord may not abuse the right of access or use it to harass the tenant, and the tenant may not unreasonably withhold consent to entry to inspect, make necessary repairs, decorations, alterations or improvements, supply agreed services, or show the unit to prospective buyers, mortgagees or tenants. 25 Del. C. § 5509(a), (b) |
| Notice to end a month-to-month lease | Either the landlord or the tenant may end a month-to-month rental agreement with at least 60 days' written notice; the 60 days begin on the first day of the month after the day of actual notice. A rental agreement with no term expressly provided is month-to-month. 25 Del. C. § 5106(b), (d) |
| Rent-increase notice | To renew a rental agreement on changed terms, including a changed rent, the landlord must give the tenant at least 60 days' written notice before the agreement expires, stating the changes, the amount of any rent or security deposit and the date the changes take effect. Unless the tenant gives notice of termination at least 45 days before the last day of the term, the changed terms are deemed accepted; if the tenant rejects them, the renewal notice is an effective termination notice. This does not apply where the tenant's rent and security deposit are set as a function of the tenant's income under HUD regulations or guidelines. 25 Del. C. § 5107 |
| Late fees | A late charge in the rental agreement may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed time for paying rent. A late charge counts as additional rent under the Code. The landlord must keep an office or other permanent place in the county where the unit is located at which rent can be paid on time; otherwise the due date is extended by 3 days. 25 Del. C. § 5501(d) |
| Notice for unpaid rent | Once the period between the rent due date and the date late fees may be imposed has passed, the landlord may demand the past-due rent and notify the tenant in writing that unless it is paid within the time stated, at least 7 days after the notice was given or sent, the landlord may file a court action to terminate the rental agreement; if the tenant stays in default, the landlord may then sue for summary possession. If all rent due is paid, by the tenant or on the tenant's behalf, before the landlord files, the landlord may not then file for summary possession based on that nonpayment, and the landlord may not refuse rent payments made by or for the tenant. If all rent due under the lease is paid after the landlord files an action for nonpayment or late payment, the landlord may not maintain that action. 25 Del. C. § 5502(a), (c), (d) |
| Rent control | No general limit on the amount of rent or of a rent increase in Delaware's Residential Landlord-Tenant Code (Title 25, Chapters 51 to 59). 25 Del. C. chs. 51-59 (no provision) |
| Required landlord disclosures | Each written rental agreement must prominently disclose the names and usual business addresses of the owners of the rental unit or property, or of their appointed resident agents, and/or of anyone deemed a landlord of the unit. The landlord must give the tenant a free copy of a written rental agreement; with an oral agreement, the landlord must on demand give the tenant a written statement of that information. The landlord must disclose to the tenant where the security deposit account is. 25 Del. C. §§ 5105(a), (b), 5514(b) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status and housing status. Creed, marital status, source of income, age, sexual orientation, gender identity, military status and housing status appear in Delaware's law but not in the federal list; Delaware's law says "disability" where the federal law says "handicap". 6 Del. C. § 4603(b)(1); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Delaware listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Delaware?
1 month's rent where the rental agreement is for 1 year or more. For month-to-month tenancies or tenancies of undefined term that have lasted 1 year or more, also 1 month's rent (except under federally-assisted housing regulations); after 1 year the landlord must immediately credit the tenant with any amount above 1 month's rent, counting any surety bond. These limits do not apply to furnished rental units. A separate pet deposit may be required, up to 1 month's rent whatever the length of the agreement, but none for a certified and trained support animal of a disabled resident. See the source in the table above.
How long does a Delaware landlord have to return a security deposit?
Within 20 days after the rental agreement ends, the landlord must return any part of the deposit it is not entitled to keep, and give an itemized list of damages with estimated repair costs and pay the difference; not giving the list acknowledges that no payment for damages is due. A tenant who accepts the payment agrees to the listed damages unless the tenant objects in writing within 10 days of receiving it. Not remitting within 20 days entitles the tenant to double the amount wrongfully withheld. The deposit goes to the tenant's address in the rental agreement or a forwarding address the tenant gives in writing by the end of the agreement; without an address, the landlord is relieved of the notice duty and of double damages but still owes any unused deposit if the tenant claims it in writing within 1 year. See the source in the table above.
How much notice must a Delaware landlord give before entering?
At least 48 hours' notice of the landlord's intent to enter, except for repairs the tenant requested, and entry only between 8:00 a.m. and 9:00 p.m.; in an emergency the landlord may enter at any time. For prospective tenants or buyers only, the tenant may waive the 48-hour notice in a signed addendum to the rental agreement or another signed document. The landlord may not abuse the right of access or use it to harass the tenant, and the tenant may not unreasonably withhold consent to entry to inspect, make necessary repairs, decorations, alterations or improvements, supply agreed services, or show the unit to prospective buyers, mortgagees or tenants. See the source in the table above.
How much notice ends a month-to-month lease in Delaware?
Either the landlord or the tenant may end a month-to-month rental agreement with at least 60 days' written notice; the 60 days begin on the first day of the month after the day of actual notice. A rental agreement with no term expressly provided is month-to-month. See the source in the table above.
How much notice is required for a rent increase in Delaware?
To renew a rental agreement on changed terms, including a changed rent, the landlord must give the tenant at least 60 days' written notice before the agreement expires, stating the changes, the amount of any rent or security deposit and the date the changes take effect. Unless the tenant gives notice of termination at least 45 days before the last day of the term, the changed terms are deemed accepted; if the tenant rejects them, the renewal notice is an effective termination notice. This does not apply where the tenant's rent and security deposit are set as a function of the tenant's income under HUD regulations or guidelines. See the source in the table above.
How much can a Delaware landlord charge for late rent?
A late charge in the rental agreement may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed time for paying rent. A late charge counts as additional rent under the Code. The landlord must keep an office or other permanent place in the county where the unit is located at which rent can be paid on time; otherwise the due date is extended by 3 days. See the source in the table above.
How much notice must a Delaware landlord give when rent is unpaid?
Once the period between the rent due date and the date late fees may be imposed has passed, the landlord may demand the past-due rent and notify the tenant in writing that unless it is paid within the time stated, at least 7 days after the notice was given or sent, the landlord may file a court action to terminate the rental agreement; if the tenant stays in default, the landlord may then sue for summary possession. If all rent due is paid, by the tenant or on the tenant's behalf, before the landlord files, the landlord may not then file for summary possession based on that nonpayment, and the landlord may not refuse rent payments made by or for the tenant. If all rent due under the lease is paid after the landlord files an action for nonpayment or late payment, the landlord may not maintain that action. See the source in the table above.
Does Delaware have rent control?
No general limit on the amount of rent or of a rent increase in Delaware's Residential Landlord-Tenant Code (Title 25, Chapters 51 to 59). See the source in the table above.
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