Landlord laws
Delaware landlord-tenant law
Delaware Residential Landlord-Tenant Code, 25 Del. C. §§ 5101–5907 (official text, delcode.delaware.gov)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | For leases of 1 year or more, the deposit may not exceed 1 month's rent. For month-to-month or open-ended tenancies, the cap applies once the tenancy has lasted 1 year, and you must then credit any excess. Furnished units are exempt. A separate pet deposit may not exceed 1 month's rent and can't be charged for a certified support animal. A tenant may buy a surety bond instead; the bond and deposit together may not exceed 1 month's rent. | 25 Del. C. §§ 5514(a), (i), 5514A(d) | Verified |
| Deposit return deadline | Within 20 days after the lease ends, return the deposit or give an itemized list of damages with the estimated repair cost for each, plus the balance. Deductions cover damage beyond normal wear and tear, unpaid rent and late charges, and re-renting costs after early termination. If you send no list, you're treated as acknowledging that no damages are due. Late or wrongful withholding costs double the amount withheld. Notices go to the forwarding address the tenant gave; if they gave none, the double penalty doesn't apply. | 25 Del. C. § 5514(c), (e)–(h) | Verified |
| Deposit holding and interest | Not specified in state statute. No statute requires paying interest. Keep the deposit in a designated escrow security-deposit account at a federally insured bank with an office in Delaware, and tell the tenant where it is. Failing to do so, or not disclosing the location within 20 days of a written request, forfeits the deposit to the tenant. | 25 Del. C. § 5514(b), (g)(2) | Not in statute |
| Late fee cap and grace period | A late charge must be in the rental agreement, may not exceed 5% of the monthly rent, and can't be imposed until rent is more than 5 days late. If you don't keep an office or other permanent place in the county where rent can be paid, the due date is extended 3 days. | 25 Del. C. § 5501(d) | Verified |
| Landlord entry notice | Give at least 48 hours' notice of your intent to enter, except for repairs the tenant requested. Enter only between 8 a.m. and 9 p.m. You may enter any time in an emergency. For showings to prospective tenants or buyers only, the tenant may waive the 48-hour notice in a signed document. The tenant may not unreasonably refuse entry for inspection, repairs, services or showings. | 25 Del. C. § 5509 | Verified |
| Rent increase notice | To renew with changed terms, including rent, give at least 60 days' written notice before the lease expires, stating the changes and their effective date. Unless the tenant gives notice of termination at least 45 days before the term ends, the new terms are accepted. A month-to-month tenancy ends on 60 days' written notice, counted from the first of the next month. HUD income-based rents are exempt. | 25 Del. C. §§ 5107, 5106(d) | Verified |
| Rent control status | Not specified in state statute. No statewide rent control, and no state statute bans local rent limits. We checked every section of the Residential Landlord-Tenant Code. Note: Whether a municipality may adopt rent limits depends on law outside this Code. | 25 Del. C. § 5101 et seq. | Not in statute |
| Eviction notice: nonpayment | Once the 5-day late-fee grace period has passed, demand the past-due rent in writing. The notice must give at least 7 days to pay before you may file for summary possession. If all rent due is paid before you file, you can't file on that nonpayment. If it's paid in full after you file, you can't continue that case. | 25 Del. C. § 5502 | Verified |
| Eviction notice: lease violation | For a breach of a material rule or covenant, give written notice naming the rule and allowing at least 7 days to fix it. The notice must say that you may terminate and sue if the breach continues, and that a substantially similar breach within 1 year can be grounds to sue without a new notice. If the breach causes or threatens irreparable harm to a person or property, you may terminate immediately on notice. | 25 Del. C. § 5513 | Verified |
| Required disclosures | On every written lease, prominently disclose the names and business addresses of the owners or their resident agents, and give the tenant a free copy (5105). Before signing, give the state's landlord-tenant rights guide and get the tenant's acknowledgment, again at each renewal of 1 year or more (5124). Give the Attorney General's summary of the Landlord-Tenant Code at the start of the tenancy (5118). Give the approved right-to-counsel materials at signing, at the first renewal, and with certain notices (5606). Disclose where the deposit is held (5514(b)). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | 25 Del. C. §§ 5105, 5118, 5124, 5514(b), 5606; 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | Delaware adds creed, marital status, sexual orientation, gender identity, age, source of income, occupation, military status, and housing status. Its other classes match federal law. | 25 Del. C. § 5116(a) | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for Delaware landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.