Delaware Landlord-Tenant Law at a Glance
Delaware requires landlords to hand every new tenant a summary of the Residential Landlord-Tenant Code at signing (25 Del. C. § 5118). Late fees are capped at 5% and cannot be charged until rent is more than five days late, and deposits must be returned within 20 days.
How Long Does a Landlord Have to Return a Security Deposit in Delaware?
A Delaware landlord has 20 days after the lease ends to return the deposit or send an itemized list of deductions.
| Maximum Deposit | One month’s rent for leases of one year or longer (furnished units excepted) |
| Return Deadline | 20 days |
| Interest Required | No |
| Itemized Statement | Required |
| Statute Reference | 25 Del. C. § 5514 |
How Much Can a Landlord Raise Rent in Delaware?
Delaware has no rent control, but a landlord must give 60 days’ written notice before a rent increase takes effect at the end of the term.
| Grace Period | 5 days before a late fee applies |
| Late Fee Limit | 5% of monthly rent |
| Rent Control Status | No statewide rent control |
| Rent Increase Notice | 60 days before the term ends |
| Statute Reference | 25 Del. C. §§ 5501, 5107 |
How to Evict a Tenant in Delaware
Delaware evictions for unpaid rent begin with a 5-day written demand; a lease violation gives the tenant 7 days to fix it.
| Non-Payment Notice | 5 days |
| Lease Violation Notice | 7 days to cure |
| Month-to-Month Notice | 60 days |
| Illegal Activity | Immediate termination for acts causing irreparable harm |
| Statute Reference | 25 Del. C. §§ 5502, 5513, 5106 |
Can a Landlord Enter Without Permission in Delaware?
No. Delaware requires at least 48 hours’ notice for non-emergency entry.
| Notice Required | 48 hours |
| Emergency Entry | Allowed without notice |
| Permitted Reasons | Inspect, repairs, show to buyers or tenants |
| Statute Reference | 25 Del. C. § 5509 |
What Must a Delaware Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
- Summary of the Delaware Residential Landlord-Tenant Code at lease signing (25 Del. C. § 5118)
- Name and address of the owner or agent (25 Del. C. § 5105)
What Repairs Is a Landlord Responsible For in Delaware?
Delaware landlords must keep the unit in compliance with housing codes and maintain supplied systems; tenants may repair and deduct within a statutory limit.
What Delaware landlords must maintain
- • Comply with health, building and housing codes
- • Keep the unit and common areas in a clean, safe and sanitary condition
- • Maintain supplied electrical, plumbing, heating and appliances
What a Delaware tenant can do
- • Repair and deduct after written notice (limit below)
- • Terminate the lease for failure to remedy a material breach
| Repair & Deduct | Up to $100 or one-half of a month’s rent, whichever is greater |
| Statute Reference | 25 Del. C. §§ 5305, 5307 |