US landlord tenant law

Delaware landlord tenant law: the rules a landlord meets

What Delaware statutes require of a landlord, rule by rule: the security deposit, rent and late fees, rent increases, entering the property, ending a tenancy and the disclosures a lease carries, each with the section it comes from.

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Security deposit cap: 1 month’s rent; 25 Del. C. § 5514(a)
Deposit back within: 20 days; 25 Del. C. § 5514(e), (f)
Notice before entry: 48 hours; 25 Del. C. § 5509(b)
Month-to-month notice: 60 days; 25 Del. C. § 5106(d)

In the order you meet them

Delaware landlord tenant laws, rule by rule

From the deposit you take at signing to the notice that ends the tenancy. Every figure names its statute; where none sets it, the page says so.

Delaware security deposit law

Most you can take: 1 month’s rent25 Del. C. § 5514(a)Applies to leases of 1 year or more, and to month-to-month tenancies once they pass 1 year; no cap on furnished units.
Back to the tenant within: 20 days25 Del. C. § 5514(e), (f)

Rent and late fees

Late fee: 5% of the monthly rent25 Del. C. § 5501(d)
Grace period before a fee: 5 days25 Del. C. § 5501(d)

Delaware rent increase laws and rent control

Notice before a rent increase: 60 days25 Del. C. § 5107A landlord renewing on changed terms, including rent, must give at least 60 days' written notice before the term ends, and the tenant has until 45 days before the end to reject it. No statute found that bans or sets up local rent control for apartments.
Rent control: None in force25 Del. C. § 5107

Entering the property: notice to the tenant

Notice before you enter: 48 hours25 Del. C. § 5509(b)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy: 60 days25 Del. C. § 5106(d)The 60 days start on the first day of the month after notice is given.
Unpaid rent: 7 days25 Del. C. § 5502(a), (c), (d)“7-day notice to pay rent”Paying in full within the period stops itThe notice may be sent once the late-fee grace period has run, and must give at least 7 days (raised from 5 by 85 Del. Laws c. 436). Paying all rent due ends the case even after filing, and the landlord may not refuse it.
Another breach of the lease: 7 days25 Del. C. § 5513(a), (b)“7-day notice to cure”The tenant can fix the breach within the periodThe tenant has at least 7 days to correct a material breach, and the notice can be relied on if a substantially similar breach recurs within a year. A breach causing or threatening irreparable harm allows immediate termination on notice.
Lockouts and shutoffs: Banned: lockouts and utility shutoffs25 Del. C. § 5313

The Delaware eviction process, step by step

Disclosures a Delaware lease has to carry

Prominently state on the written lease the names and business addresses of the owners (or their resident agents) and of anyone acting as landlord. (25 Del. C. § 5105(a))
Give the new tenant the Attorney General's summary of the Residential Landlord-Tenant Code at the start of the tenancy. (25 Del. C. § 5118)
Tell the tenant where the security deposit escrow account is held. (25 Del. C. § 5514(b))
Before renting, tell a prospective tenant if an adjacent unit is currently infested with or being treated for bed bugs. (25 Del. C. § 5317(c))

Put the Delaware rules on paper

Free documents with these figures already in them, one for each moment of the tenancy.

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Dardaris keeps each of these rules for you

It counts the deposit deadline from the day a tenant moves out, drafts the notice before you enter a home, and dates a rent increase so the notice lands in time. Nothing goes out until you approve it.

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Deposit back to the tenant: 20 days
Notice before the inspection: 48 hours
Rent increase notice: 60 days

Where these Delaware rules come from

Deposit, entry, fee, notice and disclosure rules read against the official texts on 29 September 2026. Rent increase and eviction rules read on 1 November 2026.

Questions landlords ask

What is the security deposit limit in Delaware?

Deposit cap in Delaware: 1 month’s rent (25 Del. C. § 5514(a)). Back to the tenant within: 20 days (25 Del. C. § 5514(e), (f)). The conditions are in the security deposit section above.

How much Delaware rent increase notice does a landlord give?

Notice before a rent increase in Delaware: 60 days (25 Del. C. § 5107). Rent control: None in force. The rent increase section above quotes what the statutes say, exceptions included.

How much notice does a Delaware landlord give before entering?

Notice before entry in Delaware: 48 hours (25 Del. C. § 5509(b)).

How much notice ends a month-to-month tenancy in Delaware?

Notice from the landlord to end a month-to-month tenancy in Delaware: 60 days (25 Del. C. § 5106(d)).

Can a Delaware landlord change the locks or shut off utilities?

No. Delaware bans lockouts and utility shutoffs as a way to remove a tenant (25 Del. C. § 5313). Only a court order ends the tenant’s possession.

Does this page cover repairs and mold?

No figures for repairs or mold are on this page. Both fall under the landlord’s duty to keep a home fit to live in and under the state’s own rules; read the Delaware statutes and your local housing code before you act.

Landlord tenant law in other states

All 50 states compared

This is not legal adviceThis page summarises statutes as read on 29 September 2026. Laws change, cities add their own rules, and a court reads a statute against the facts of a case. Check the official text, or ask a lawyer, before you act on it.

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