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Delaware landlord-tenant law

Checked against the Delaware statutes on October 1, 2026 Statutes current through: Acts enacted as of September 4, 2026, through 85 Del. Laws c. 480, 482-484, 486-490, 492-494 and 514-515 General information, not legal advice

Create a Delaware lease What the Delaware lease includes
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Key numbers Application and screening feesFair housingRequired disclosuresFlood disclosureOwner and manager identitySecurity deposit limitReturning the depositDeposit account and interestMove-in condition checklistRent and late feesReturned payment feeRent increase noticeLandlord entryRepairs and habitabilityTenant's repair remediesLocks and security devicesSmoke and carbon monoxide alarmsRetaliationLockouts and utility shutoffsEnding a month-to-month tenancyEnding a fixed-term lease earlyNotice for unpaid rentNotice for other lease violationsEviction processAbandoned propertySmall claimsLease terms that are not allowedRent control and local rules Questions Statutes read

Delaware in brief

Delaware caps a security deposit at one month's rent for a lease of a year or more, and for a month-to-month tenancy once it has lasted a year, with no cap for furnished units; the refund or an itemized list of damages is due within 20 days after the lease ends. A late charge may not exceed 5 percent of the monthly rent and cannot be imposed within five days of the due date. For unpaid rent, a written demand must give at least 7 days to pay before you file, and other material breaches get 7 days to be fixed. Give 48 hours' notice before entering and enter only between 8 a.m. and 9 p.m. A month-to-month tenancy ends on 60 days' written notice counted from the first day of the next month, and a renewal at a higher rent needs 60 days' written notice before the term ends. Every 7-day rent demand or breach notice, and every new lease, must come with the state's approved materials on tenants' right to legal representation.

Key numbers

Security deposit limit
1 month's rent
for a lease of a year or more; furnished units exempt
25 Del. C. § 5514(a)
Deposit return deadline
20 days
after the lease ends, with an itemized list
25 Del. C. § 5514(e), (f)
No late charge within
5 days
of the due date
25 Del. C. § 5501(d)
Late charge limit
5%
of the monthly rent
25 Del. C. § 5501(d)
Notice for unpaid rent
7 days
after the written demand is given or sent
25 Del. C. § 5502(a)
Notice to fix a violation
7 days
for a breach of a material rule or term
25 Del. C. § 5513(a)
Ending a month-to-month tenancy
60 days
counted from the first day of the next month
25 Del. C. § 5106(d)
Entry notice
48 hours
entry only 8 a.m. to 9 p.m.
25 Del. C. § 5509(b)
Rent increase notice
60 days
before the term ends, for a renewal at a new rent
25 Del. C. § 5107(a)
Application fee limit
10% or $50
of the monthly rent, whichever is greater
25 Del. C. § 5514(d)

Before you sign

Application and screening fees

You may charge an application fee to check a tenant's credit worthiness of up to 10 percent of the monthly rent or $50, whichever is greater. Give a receipt for the full amount paid and keep complete records of application fees for at least two years.

25 Del. C. § 5514(d)

More detail (4)
  • Demanding more than the allowed fee entitles the applicant to double the fee charged. 25 Del. C. § 5514(d)
  • Apart from an application fee, a security deposit, a surety bond fee, a pet deposit or a deposit that holds the unit for a set time, you may not ask for or take any other payment ("assurance money") from an applicant. A fee for a credit or other investigation may not exceed its actual cost. 25 Del. C. § 5310(a)
  • Keep the records of every application for six months; the Attorney General's Consumer Protection Unit investigates complaints. 25 Del. C. § 5310(b)
  • No nonrefundable fee may be charged as a condition of occupancy, other than an optional service fee for actual services. 25 Del. C. § 5311

Fair housing

You may not refuse to rent, or charge more rent, because of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status or any other basis Delaware's Fair Housing Act protects.

25 Del. C. § 5116(a), (b)

More detail (7)
  • The voucher source-of-income changes were implemented January 1, 2026: the Housing Authority's notice in that day's Register confirms completion of the required short-term recommendations. You may not refuse an applicant because rent is paid through a voucher or other assistance program. The statutory exception for a housing authority's failure to follow the standardized tenancy-approval sequence remains. The act expires December 31, 2028 unless extended; check the law again before relying on the later version. 25 Del. C. § 5116(e) 84 Del. Laws, c. 358, §§ 4, 5 6 Del. C. § 4602(29) DSHA implementation notice, 29 DE Reg. 630 (Jan. 1, 2026)
  • You may still weigh income sufficiency and credit if you apply those standards in a commercially reasonable way without regard to source of income. 25 Del. C. § 5116(g)
  • For covered housing, make reasonable changes to rules, policies, practices or services when needed for a person with a disability to use and enjoy the home equally. Review an assistance-animal request through that accommodation duty, separately from ordinary pet criteria; the statute retains its direct-threat and substantial-property-damage limits. 6 Del. C. 4603A(a)(2), (f)
  • Do not use screening to ask whether an applicant, intended resident or associated person has a disability, or its nature or severity. The statute permits specified inquiries made of all applicants, including ability to meet tenancy requirements and qualification for disability-specific housing or priority. Check coverage and independent duties before relying on an exemption. 6 Del. C. 4603A(a)(4); 4607
  • You may reserve units for senior citizens as the federal and Delaware fair housing acts allow. 25 Del. C. § 5116(d)
  • A tenant who suffers discrimination may recover damages, including reasonable costs of substitute housing. 25 Del. C. § 5116(c)
  • You may not require a tenant to declaw a cat as a condition of the lease. 25 Del. C. § 5301(a)(4)
In the Rentari Delaware lease

The Rentari Delaware lease exempts service and support animals from pet deposits and fees.

Required disclosures

Every written rental agreement must prominently disclose the names and usual business addresses of the owners or their resident agents. Give the tenant a free copy of the lease, the Attorney General's summary of the Landlord-Tenant Code at the start of the term, and the Right to Representation Coordinator's approved materials explaining tenants' legal representation. Once the rights and responsibilities guide law takes effect, you must also give the state's guide before the lease is signed.

25 Del. C. § 5105(a), (b) 25 Del. C. § 5118 25 Del. C. § 5606 25 Del. C. § 5124(c) 85 Del. Laws, c. 277, §§ 5, 6

More detail (8)
  • If you do not give the Code summary, the tenant may plead ignorance of the law as a defense. 25 Del. C. § 5118
  • From the earlier of June 10, 2027 or the date the Division of Professional Regulation publishes notice in the Register of Regulations that the Real Estate Commission's guide is out, give the tenant the state rights and responsibilities guide before the lease is signed and get the tenant's acknowledgment. Give it again at each renewal for a year or more. The acknowledgment and guide may be paper or electronic. 25 Del. C. § 5124(c) 85 Del. Laws, c. 277, §§ 5, 6
  • Give the representation materials when a written lease is signed or an oral agreement is made, at the first renewal or modification after November 22, 2023, with every rent demand, breach notice or good-cause termination notice that starts the right to representation, and when the tenant is told a housing subsidy is ending. The duty applies to every landlord, including one with three or fewer units. 25 Del. C. § 5606 25 Del. C. § 5602(a)(2), (b)(1)
  • Tell the tenant where the security deposit account is. 25 Del. C. § 5514(b) See Deposit account and interest
  • Before renting, disclose whether an adjacent unit is currently infested with or being treated for bed bugs. 25 Del. C. § 5317(c)
  • For housing supplied to an employee, a written disclosure of the conditions for occupying and leaving, including the right to continued occupancy, is required at hire or move-in unless the lease covers it. 25 Del. C. § 5123(b)
  • Rules must be brought to the tenant's attention when the tenant enters the agreement. 25 Del. C. § 5511(a)(2)
  • No later than March 1, 2028 (or 12 months after the Delaware State Housing Authority's Register notice that chapter 54's funding and final regulations are in place, if sooner), every rental agreement for a unit built before 1978 must state whether it is certified lead safe or lead free, the certificate date and the inspector. It must also require the tenant to acknowledge receiving the lead education material you give before move-in. 25 Del. C. § 5406 25 Del. C. § 5407 85 Del. Laws, c. 98, § 5(2)

Owner and manager identity

Every written rental agreement must prominently disclose the names and usual business addresses of all owners of the unit or property, or of their appointed resident agents, and of anyone else who counts as a landlord. For an oral agreement, give the tenant a written statement with this information on request.

25 Del. C. § 5105(a), (b)

More detail (2)
  • An owner or resident agent who does not deal with the tenant directly is still responsible for this disclosure, and cannot benefit from a failure of service caused by not complying. 25 Del. C. § 5105(c)
  • Notices to you go to the landlord address in the lease and may be served there. The deposit refund and deposit notices go to the tenant at the lease address or at a forwarding address the tenant gave in writing. 25 Del. C. § 5113(a) 25 Del. C. § 5514(h)
In the Rentari Delaware lease

The Rentari Delaware lease prints the owner's or resident agent's name and business address, and any managing agent, on its first page.

Deposits, rent and fees

Security deposit limit

For a rental agreement of one year or more, a security deposit may not exceed one month's rent. For a month-to-month tenancy or one with no set term, the one-month limit applies once the tenancy has lasted a year, and you must then immediately credit the tenant any deposit above one month's rent (unless federally assisted housing regulations provide otherwise). The limits do not apply to furnished rental units.

25 Del. C. § 5514(a)

More detail (5)
  • Section 5514 sets no limit for a fixed-term lease shorter than a year. 25 Del. C. § 5514(a)
  • A pet deposit is separate and may not exceed one month's rent, whatever the length of the lease. You may not require any pet deposit for a duly certified and trained support animal of a disabled resident. 25 Del. C. § 5514(i)
  • A tenant may choose to buy a surety bond instead of paying all or part of the deposit, but you cannot require one and do not have to accept one. A bond plus any cash deposit may not exceed one month's rent, except as 5514(a)(3) allows. 25 Del. C. § 5514A(b), (d)
  • If the lease says so, you may raise the deposit along with the rent. An increase of more than 10 percent of the monthly rent must be spread over the lease term, or over four months for a month-to-month tenancy. 25 Del. C. § 5514(j)
  • You may not charge any nonrefundable fee as a condition of occupancy, except an optional service fee for actual services such as a pool fee. 25 Del. C. § 5311 See Application and screening fees
In the Rentari Delaware lease

The Rentari Delaware lease states the deposit and the one-month limit for a term of a year or more, notes when a unit is furnished, and for a month-to-month lease with a deposit above one month's rent prints the duty to credit the excess once the tenancy has lasted a year.

Returning the deposit

Within 20 days after the rental agreement ends, return any deposit you are not entitled to keep. If you keep any of it for damage, send the tenant within the same 20 days an itemized list of damages with the estimated cost of repair for each, and pay the difference. If you send no list, you are treated as acknowledging that nothing is owed for damages.

25 Del. C. § 5514(e), (f)

More detail (6)
  • The deposit may cover damage beyond normal wear and tear (or that painting and ordinary cleaning cannot fix), unpaid rent including late charges and rent due for a premature termination or abandonment, and reasonable costs of renovating and re-renting after a premature termination. After an early termination under 5314, those re-renting costs are capped at one month's rent. 25 Del. C. § 5514(c)
  • If the tenant accepts a payment sent with the itemized list, the tenant agrees to the damages unless the tenant objects in writing within 10 days of receiving it. 25 Del. C. § 5514(f)
  • Failing to return the deposit, or the balance after the listed damages, within 20 days entitles the tenant to double the amount wrongfully withheld. 25 Del. C. § 5514(g)(1)
  • Send the deposit and notices to the tenant's address in the lease or to a forwarding address the tenant gave in writing at or before the end of the tenancy. If the tenant gives no address, you are relieved of the notice duty and the double penalty, but you still owe any unused deposit if the tenant claims it in writing within one year. 25 Del. C. § 5514(h)
  • A pet deposit follows the same account, 20-day and penalty rules, and pet damage comes out of the pet deposit first. 25 Del. C. § 5514(i)(1)
  • When a sole tenant dies, the 20 days run from when you get possession back (or from the end of any storage of the tenant's property), and the deposit goes to the estate's representative. 25 Del. C. § 5719(d)
In the Rentari Delaware lease

The Rentari Delaware lease states the 20-day deadline for the itemized list and the balance, the effect of sending no list, the double penalty, and asks the tenant for a written forwarding address at or before move-out.

Deposit account and interest

Keep each security deposit in an escrow account designated as a security deposits account at a federally insured bank with an office in Delaware that accepts deposits, do not use it in any business, and tell the tenant where the account is. The Landlord-Tenant Code does not require you to pay interest on the deposit.

25 Del. C. § 5514(b)

More detail (3)
In the Rentari Delaware lease

The Rentari Delaware lease states the escrow account rule, the duty to disclose the account's location and the forfeiture for failing either.

Move-in condition checklist

Not set by statute

Delaware's Landlord-Tenant Code does not require a move-in condition checklist or joint inspection. The only inspection it requires before renting is a visual check of the unit for bed bugs. At move-out, deductions still need the itemized list of damages with estimated repair costs within 20 days.

25 Del. C. chapter 51 25 Del. C. chapter 53 25 Del. C. chapter 55 25 Del. C. chapter 57 25 Del. C. § 5317(a)

More detail (1)
In the Rentari Delaware lease

The lease has the tenant accept the unit as documented in any move-in condition report and report pre-existing damage in writing within seven days of move-in.

Rent and late fees

A late charge is allowed only if the lease provides for it, may not exceed 5 percent of the monthly rent, and may not be imposed within five days of the date rent is due. If you do not keep an office or other permanent place in the county where rent can be paid, the due date moves three days later.

25 Del. C. § 5501(d)

More detail (5)
  • Because the five-day period is shorter than seven days, Saturdays, Sundays and legal holidays inside it are not counted, and a period that ends on one of those days runs to the next day that is not. 25 Del. C. § 5112
  • A late charge counts as additional rent. 25 Del. C. § 5501(d)
  • Unless you agree otherwise, rent is due at the start of each month for a term longer than a month. 25 Del. C. § 5501(b)
  • Give a receipt within 15 days for any rent paid in cash, and keep a record of cash receipts for three years. 25 Del. C. § 5501(e)
  • You may not refuse a rent payment made by or for the tenant, but you may limit payments to the methods the lease accepts. 25 Del. C. § 5502(c)
In the Rentari Delaware lease

The Rentari Delaware lease sets the late charge amount and states the 5 percent cap, the five-day rule, the three-day extension without an in-county payment office and the cash receipt duty.

Returned payment fee

Partly read

Delaware's Landlord-Tenant Code sets no returned check or returned payment fee. Other Delaware law on returned checks was not read for this page.

25 Del. C. chapter 51 25 Del. C. chapter 53 25 Del. C. chapter 55 25 Del. C. chapter 57

More detail (2)
In the Rentari Delaware lease

If you set a returned payment fee, the lease states it as additional rent and lets you require certified funds after repeated returned payments.

Rent increase notice

To renew a rental agreement with a higher rent or other changed terms, give the tenant written notice at least 60 days before the agreement expires, stating the changed terms, the rent and deposit amounts and the date they take effect. The Code does not cap how much rent may rise.

25 Del. C. § 5107(a)

More detail (5)
  • Unless the tenant tells you at least 45 days before the last day of the term that the tenant is ending the agreement, the changed terms are treated as accepted. A tenant who rejects them has given an effective notice of termination. 25 Del. C. § 5107(b), (c)
  • These rules do not apply where rent and deposit are set by income under HUD rules; HUD rules then control. 25 Del. C. § 5107(d)
  • The section speaks of renewal before the agreement expires and does not separately say how the 60 days apply to a month-to-month tenancy. 25 Del. C. § 5107
  • A rent increase demanded within 90 days after a tenant's good faith code complaint or other protected act is presumed retaliatory unless a listed defense applies. 25 Del. C. § 5516(b), (c) See Retaliation
  • Use a statutory delivery method for the renewal notice. Section 5113 allows personal service or leaving the tenant's copy at the rental unit or usual home with an adult resident. Mailing may be registered, certified, or first class supported by a certificate of mailing, with postage prepaid and the proper address. Posting is an alternative only when combined with a return receipt or certificate of mailing. Keep the delivery evidence; ordinary posting alone does not meet that alternative. 25 Del. C. 5113(a)-(c)
In the Rentari Delaware lease

The Rentari Delaware lease states that a renewal with changed terms, including rent, needs your written notice at least 60 days before the term ends.

During the tenancy

Landlord entry

Give the tenant at least 48 hours' notice before entering, and enter only between 8:00 a.m. and 9:00 p.m. No advance notice is needed for repairs the tenant asked for, and you may enter at any time in an emergency.

25 Del. C. § 5509(b)

More detail (5)
  • The tenant may not unreasonably refuse entry to inspect, make necessary repairs or improvements, supply agreed services or show the unit to prospective buyers, lenders or tenants. You may not abuse the right of access or use it to harass. 25 Del. C. § 5509(a), (b)
  • For showings to prospective tenants or buyers only, the tenant may waive the 48 hours in a signed addendum or other separate signed document. 25 Del. C. § 5509(b)
  • The tenant must let you in at reasonable times to read utility meters. 25 Del. C. § 5509(c)
  • During an extended absence (more than seven days) you may enter as reasonably necessary for inspection, maintenance and safekeeping. 25 Del. C. § 5507(b) 25 Del. C. § 5141
  • You are liable for theft or other harm resulting from an entry made while the tenant was absent without specific consent, or while present without actual consent, or through your negligence. Repeated demands for unreasonable entry, or even one actual entry that is unreasonable and not consented to, may be treated by the tenant as grounds to end the lease. 25 Del. C. § 5510(b), (c)

Repairs and habitability

Throughout the tenancy you must comply with all applicable housing, building and similar codes, provide a unit that does not endanger the tenants' health, welfare or safety, keep common areas clean and sanitary, make the repairs needed to keep the unit in the condition it was or should have been in at the start, and keep the electrical, plumbing and other facilities you supply in good working order.

25 Del. C. § 5305(a)

More detail (5)
  • If the lease says so, you must also provide trash receptacles and removal and supply water, hot water, heat and electricity. 25 Del. C. § 5305(b)
  • The tenant may agree to do specific repairs only in a conspicuous writing separate from the lease, for real consideration, in good faith, and not to bring a noncomplying unit up to code. 25 Del. C. § 5305(c)
  • The tenant must report in writing, as soon as practicable, any defect you are responsible for, keep the part of the premises the tenant uses clean and safe, and use its facilities reasonably. 25 Del. C. § 5505(a) 25 Del. C. § 5503
  • Before renting, visually inspect the unit for bed bugs and do not rent a unit you know or reasonably suspect is infested. After a report, acknowledge it and inspect within 120 hours and, if there is an infestation, provide professional treatment within 14 days of the report. 25 Del. C. § 5317(a), (d)
  • Units built before 1978 must be certified lead free or lead safe as chapter 54 requires, no later than March 1, 2028 (or 12 months after the Delaware State Housing Authority's Register notice, if sooner). 25 Del. C. § 5305(a)(6) 85 Del. Laws, c. 98, § 5(2) See Required disclosures
In the Rentari Delaware lease

The Rentari Delaware lease states the tenant's repair and deduct remedy and points to the Code's other remedies for the unit's condition and essential services.

Tenant's repair remedies

If you fail to make a required repair and, after the tenant's written notice, do not fix it within 30 days or do not begin reasonable corrective steps (such as getting an estimate) within 10 days, the tenant may have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, by giving you copies of the receipts.

25 Del. C. § 5307(a)

More detail (6)
  • A tenant who is behind on rent, or who caused the condition, may not repair and deduct, and is liable for damage caused while making the repairs. 25 Del. C. § 5307(b), (c), (d)
  • If a condition deprives the tenant of a substantial part of the benefit of the lease and you do not remedy it within 15 days after receiving written notice, the tenant may end the lease. If the unit is uninhabitable or there is an imminent threat to health or safety, the tenant may end it immediately after notice. For a condition that also violates the lease, the Code or a housing code, the essential services rule shortens this to 48 hours. If you caused the condition willfully or negligently, the tenant may also recover the greater of the extra cost of equivalent substitute housing for the rest of the term, or one month's rent plus the security deposit. 25 Del. C. § 5306(a), (c) 25 Del. C. § 5302(d) 25 Del. C. § 5308(a)
  • If you substantially fail to supply hot water, heat, water or electricity, or fail to remedy any condition that materially deprives the tenant of a substantial part of the bargain in violation of the lease, the Code or a housing code, for 48 hours after actual or written notice, the tenant may end the lease on written notice. Or, on written notice, the tenant may keep two thirds of the daily rent while the service is out. A tenant who stays may instead get substitute housing while rent abates, and you owe up to half the abated rent toward its extra cost. 25 Del. C. § 5308(a), (b)
  • After fire or casualty not caused by the tenant, the tenant may move out and end the lease (giving written notice within a week of leaving) or, if lawful, stay and pay reduced rent for the usable part. 25 Del. C. § 5309(a)
  • During the first month, a tenant who stays on your promise to correct a code violation or failure to conform to the lease may end the lease on written notice. 25 Del. C. § 5302(a)
  • If heat, running water, light, electricity or adequate sewage is lacking, or a condition is imminently dangerous, for 5 days or more after notice, tenants may petition the Justice of the Peace Court for a receiver. The receiver can file a lien on the property and collect the rents to fix it. 25 Del. C. § 5901 25 Del. C. § 5905 25 Del. C. § 5906
In the Rentari Delaware lease

The Rentari Delaware lease states the repair and deduct remedy with the 30- and 10-day periods, the $400 or half-month cap and its exclusions.

Locks and security devices

Delaware's Landlord-Tenant Code does not list locks you must provide. A tenant may install a new lock at the tenant's own cost if the tenant tells you in writing and gives you a key, the lock fits the existing system, and installing it does not damage the door.

25 Del. C. § 5509(a)

More detail (2)
  • When you regain possession through an eviction and will lease the unit again, change the locks at the time you get it back; otherwise you are liable to a new tenant harmed by a former tenant's entry with an old key. 25 Del. C. § 5715(h)
  • If a lease makes returning keys a condition of refunding the deposit, it must set a clear procedure for surrendering them and cannot require surrender before the term ends. 25 Del. C. § 5125(a)

Smoke and carbon monoxide alarms

Partly read

Delaware fire law requires the owner of every rented home, including houses and apartments, to install smoke detectors and keep them working. On a lease of a month or more the tenant keeps an operable battery in them, and a violation is a $100 to $500 civil fine. The Landlord-Tenant Code bars a tenant from removing or tampering with a working smoke or carbon monoxide detector you installed, including removing working batteries.

16 Del. C. § 6631 16 Del. C. § 6635 25 Del. C. § 5503(7), (8)

More detail (3)
  • In an apartment, condominium or other rental lodging covered by the carbon monoxide law, if a unit has a fuel-burning heater or appliance, a fireplace or an attached garage, you must install carbon monoxide detectors. On a lease of a month or more the tenant keeps the battery working, and a violation is a $100 to $500 civil fine. 16 Del. C. § 6602C 16 Del. C. § 6605C
  • Your general duty to keep the unit safe and to comply with state and local codes still applies. 25 Del. C. § 5305(a)(1), (2) See Repairs and habitability
  • Where detectors must be placed is set by the State Fire Prevention Regulations, which this page did not read. 16 Del. C. § 6631(d)
In the Rentari Delaware lease

The lease has you provide working smoke and carbon monoxide detectors at the start of the tenancy and bars the tenant from disabling them.

Retaliation

You may not seek possession, otherwise force the tenant out, raise the rent or cut services because the tenant complained in good faith about a code violation to you or an enforcement authority, because an authority filed a code violation notice, because the tenant organized or is an officer of a tenants' organization, or because the tenant pursued a legal right arising from the tenancy. Such an action within 90 days of the complaint or act is presumed retaliatory.

25 Del. C. § 5516(b), (c)

More detail (3)
  • Defenses include a proper early termination notice, a good faith need to live in the unit, remodel or demolish it or take it off the rental market for at least six months, a condition the tenant caused, full code compliance, a periodic termination notice given before the complaint, and rent increases tied to documented tax or cost increases or to comparable rents. 25 Del. C. § 5516(d)
  • A tenant from whom possession was sought in violation of this rule may recover three months' rent or three times the damages, whichever is greater, plus costs but not attorneys' fees. 25 Del. C. § 5516(e)
  • Similar protection covers a tenant who is a victim of domestic abuse, a sexual offense or stalking and sought help from a court, police or a service program: an action within 90 days of an incident is presumed unlawful unless a listed ground applies. A tenant behind on rent cannot use this protection. 25 Del. C. § 5316(a), (b), (d)
In the Rentari Delaware lease

The Rentari Delaware lease states the protected acts, the 90-day presumption with its defenses and the tenant's remedy, and the protections for victims of domestic abuse, sexual offenses and stalking.

Lockouts and utility shutoffs

You may remove or exclude a tenant only under a valid court order. A tenant removed or kept out without one may recover possession or end the lease, plus three times the damages or three times the daily rent for the time excluded, whichever is greater, and costs.

25 Del. C. § 5313

More detail (4)
In the Rentari Delaware lease

The Rentari Delaware lease states that you may not remove or exclude the tenant except under a court order.

Ending a tenancy

Ending a month-to-month tenancy

Either you or the tenant may end a month-to-month tenancy with at least 60 days' written notice. The 60 days begin on the first day of the month after the day the notice is actually given.

25 Del. C. § 5106(d)

More detail (4)
In the Rentari Delaware lease

The Rentari Delaware lease gives 60 days' written notice for a month-to-month tenancy counted from the first day of the next month, and states the 60-day end-of-term notice and the automatic month-to-month extension.

Ending a fixed-term lease early

A tenant may end a lease early on 30 days' written notice, counted from the first day of the month after notice, for an employer transfer of more than 30 miles, a serious illness or death in the household requiring a permanent move, admission to senior or subsidized housing, entering active military service after signing, or being a victim of domestic abuse, a sexual offense or stalking. A surviving spouse or personal representative may do so after the tenant's death.

25 Del. C. § 5314(b)

More detail (4)
In the Rentari Delaware lease

The Rentari Delaware lease lists every early termination ground in the Code with the 30-day notice, caps re-renting costs at one month's rent, and adds the federal servicemember termination right.

Notice for unpaid rent

Once the five-day late charge period has passed, you may demand the past-due rent in writing and tell the tenant that unless it is paid within a stated time of at least 7 days after the notice is given or sent, you may file to end the rental agreement. If the tenant stays in default, you may then file for summary possession.

25 Del. C. § 5502(a)

More detail (6)
  • Serve the notice personally, by leaving it at the unit with an adult who lives there, by registered, certified or first-class mail with a certificate of mailing, or by posting it on the unit together with a return receipt or certificate of mailing. 25 Del. C. § 5113(a), (b), (c)
  • If the tenant, or someone paying for the tenant, pays all rent due before you file, you may not file for possession for that nonpayment. If all rent due is paid after you file, you may not continue that action. 25 Del. C. § 5502(c), (d)
  • After the same notice period you may sue for the rent alone, including accrued late charges. 25 Del. C. § 5502(b)
  • Even after a judgment for possession, a tenant may stop the eviction by paying everything the court finds due before the writ is carried out, unless two nonpayment judgments were entered against the tenant in the prior 18 months. Once the tenant pays, you must immediately notify the court and the constable or sheriff holding the writ, and make all reasonable efforts to stop the eviction. 25 Del. C. § 5716A(b) See Eviction process
  • Send the Right to Representation Coordinator's approved materials on tenants' legal representation with the notice. 25 Del. C. § 5606(3) 25 Del. C. § 5602(b)(1)
  • From March 8, 2027, if any of the tenant's rent is paid from a state reentry fund, then before ending the lease for unpaid rent or a breach you must help the tenant complete a discharge plan that includes shelter or housing. You must also notify the person paying from the fund, and the Department of Correction and local police if you know the tenant is under supervision. Your complaint must show how you complied. 25 Del. C. § 5512A
In the Rentari Delaware lease

The Rentari Delaware lease states that a written demand for unpaid rent gives at least seven days to pay.

Notice for other lease violations

For a breach of a rule or lease term that is material, give written notice and allow at least 7 days to fix it. The notice must identify the rule, say that if the violation continues after 7 days you may end the agreement and file for summary possession, say it is given under this section, and warn that a substantially similar breach within a year may be grounds for filing on this notice.

25 Del. C. § 5513(a)(1)

More detail (6)
  • If you can fix the breach yourself, for example by cleaning or repairing, you may do so and bill the tenant the actual, reasonable cost as additional rent. 25 Del. C. § 5513(a)(2)
  • If the breach is also a material breach of a tenant's duty under a code, ordinance or statute, you may end the agreement and file for possession. 25 Del. C. § 5513(a)(3)
  • If a breach causes or threatens irreparable harm to a person or property, or the tenant is convicted during the tenancy of a class A misdemeanor or felony that did so, you may end the agreement immediately on notice and file. 25 Del. C. § 5513(b)
  • Rules bind the tenant only if they are reasonable, explicit, applied fairly to all tenants and brought to the tenant's attention at the start; a later rule that substantially changes the lease needs the tenant's written consent. 25 Del. C. § 5511(a)
  • Send the Right to Representation Coordinator's approved materials on tenants' legal representation with the notice. 25 Del. C. § 5606(3) 25 Del. C. § 5602(b)(1)
  • From March 8, 2027, if any of the tenant's rent is paid from a state reentry fund, then before ending the lease for unpaid rent or a breach you must help the tenant complete a discharge plan that includes shelter or housing. You must also notify the person paying from the fund, and the Department of Correction and local police if you know the tenant is under supervision. Your complaint must show how you complied. 25 Del. C. § 5512A
In the Rentari Delaware lease

The Rentari Delaware lease states the seven-day period to remedy a breach of a material rule or covenant.

Eviction process

An eviction is a summary possession action filed in the Justice of the Peace Court for the county where the unit is. The complaint and hearing notice must be served at least 5 and not more than 30 days before the hearing, and the case is scheduled for mediation before trial.

25 Del. C. § 5701 25 Del. C. § 5705(a) 25 Del. C. § 5702A(c)

More detail (7)
  • Grounds include holding over after the lease ends, unpaid rent, wrongful rent deductions, breach of a lawful obligation, and a tenant's conviction during the tenancy for a class A misdemeanor or felony that caused or threatened irreparable harm. 25 Del. C. § 5702
  • Mediation must be completed at least 48 hours before trial; trial can go ahead if the tenant does not engage within 15 calendar days after service. It is not required in some cases of harm to people or property. 25 Del. C. § 5702A(c)
  • Once the lead law in chapter 54 is implemented (by March 1, 2028, or 12 months after the Delaware State Housing Authority's Register notice if sooner), a complaint for possession must include documentation that the property complies with the lead rules, unless the case is about the tenant refusing access for that work. 25 Del. C. § 5704A 85 Del. Laws, c. 98, § 5(2)
  • Either side may ask for a jury (the tenant within 10 days after service), and a party may appeal within 5 days after judgment. The writ of possession cannot issue during the 5-day appeal period. After the 5 days, the writ may issue on your request if the tenant appealed without a bond or an in forma pauperis request. But if you carry it out before the appeal is decided and the tenant wins, you owe reasonable cover damages such as substitute housing or relocation costs. 25 Del. C. § 5713(a) 25 Del. C. § 5717(a), (d)
  • The constable or sheriff gives at least 24 hours' notice and carries out the writ between sunrise and sunset. If the property will be leased again, change the locks when you get possession back. 25 Del. C. § 5715(b), (h)
  • A tenant may ask the court to shield the eviction record. The court must do so on listed grounds, such as a dismissal, a judgment for the tenant, or a satisfied judgment five or more years old with no similar judgment since. 25 Del. C. § 5720(a)
  • No lease term for attorneys' fees is enforceable, and the court awards costs to the winning party. 25 Del. C. § 5111 25 Del. C. § 5711(a)
In the Rentari Delaware lease

The Rentari Delaware lease says a summary possession action is brought under chapter 57 and describes the tenant's right to shield eviction records.

Abandoned property

If a tenant leaves belongings when a writ of possession is carried out, you may remove and store them at the tenant's expense for 7 days (30 days for a manufactured home under chapter 70). If the tenant does not claim them and repay the reasonable removal and storage costs by then, they are treated as abandoned and you may dispose of them.

25 Del. C. § 5715(e)

More detail (3)
  • If the judgment was appealed, the 7 days run from the decision on the appeal. 25 Del. C. § 5715(f)
  • When a tenant has abandoned the unit and there is no appeal from a judgment for possession, you may remove and store what is left at the tenant's expense, and it is treated as abandoned 7 days after the appeal period ends. 25 Del. C. § 5507(e)
  • For a deceased sole tenant, store property left at the writ for 7 days at the estate's expense before disposing of it. 25 Del. C. § 5719(c)
In the Rentari Delaware lease

The Rentari Delaware lease states the abandonment rules, including removal and storage after a judgment and disposal seven days after the appeal period, and can add a longer storage period as a lease term.

Small claims

The Justice of the Peace Court hears civil contract claims and claims for damage to property of up to $25,000 (interest may be added on top), and it hears summary possession cases.

10 Del. C. § 9301(1) 25 Del. C. § 5701

More detail (2)
In the Rentari Delaware lease

The Rentari Delaware lease says any action other than summary possession may be brought in any Delaware court with jurisdiction.

More Delaware rules

Lease terms that are not allowed

A lease term that conflicts with the Code and is not expressly authorized by it is unenforceable. A lease may not waive the tenant's rights under the Code, authorize a confession of judgment, limit your legal liability or make the tenant indemnify you for it, or require declawing a cat.

25 Del. C. § 5101(a) 25 Del. C. § 5301(a)

More detail (4)
  • Trying to enforce such a term you know is prohibited lets the tenant recover three months' rent plus costs. 25 Del. C. § 5301(b)
  • No lease provision for either side to recover attorneys' fees is enforceable. 25 Del. C. § 5111
  • A lease may prohibit assignment, but may limit subletting only by requiring your consent, which you may not unreasonably withhold; you bear the burden of showing a refusal was reasonable. 25 Del. C. § 5508(b), (c)
  • No nonrefundable fee may be charged as a condition of occupancy except an optional service fee. 25 Del. C. § 5311
In the Rentari Delaware lease

The Rentari Delaware lease contains no attorneys' fee or indemnity clause, says so, and limits subletting only by consent that may not be unreasonably withheld.

Local rules

Rent control and local rules

Partly read

Delaware's Landlord-Tenant Code sets no rent control and no limit on rent increases. Local ordinances were not read for this page, so check the city and county where the property is.

25 Del. C. chapter 51 25 Del. C. chapter 53 25 Del. C. chapter 55 25 Del. C. chapter 57

More detail (2)
  • The notice rules for renewing at a higher rent still apply. 25 Del. C. § 5107(a) See Rent increase notice
  • Nonrenewable rentals of 120 days or less a year in the Broadkill, Lewes-Rehoboth, Indian River, Baltimore and Cedar Creek hundreds are outside the Code, as are hotels and motels. From March 8, 2027, only transient lodging in a hotel, motel or tourist home (as the state lodging tax law defines them) is excluded, so a non-transient residence in a hotel or motel is no longer excluded by that paragraph. 25 Del. C. § 5102(3), (4)
Delaware cities and counties

Cities and counties, including Wilmington, Dover and Newark, can have their own housing, rental licensing and building codes that add duties for rental property. None was read for this page, so no local rule is listed here; check the codes of the city and county where the property is located.

Delaware landlord questions

How much security deposit can I charge in Delaware?

For a lease of a year or more, no more than one month's rent. For a month-to-month tenancy the limit applies once it has lasted a year, and you must then credit any excess. Furnished units are exempt, and a separate pet deposit may be up to one month's rent.

25 Del. C. § 5514(a), (i)

When must I return the deposit?

Within 20 days after the lease ends. If you keep any part for damage, send an itemized list with the estimated repair cost for each item and pay the balance within those 20 days. Missing the deadline can cost you double the amount wrongfully withheld.

25 Del. C. § 5514(e), (f), (g)

Does the deposit have to be in a special account?

Yes. It must be in a designated security deposits escrow account at a federally insured bank with a Delaware office that accepts deposits, and you must tell the tenant where it is. Failing either can forfeit the deposit to the tenant.

25 Del. C. § 5514(b), (g)(2)

How much can I charge for a late payment?

Only what the lease provides, up to 5 percent of the monthly rent, and not within five days of the due date (weekends and legal holidays in between are not counted). Without an office or other permanent place in the county to pay rent, the due date moves three days later.

25 Del. C. § 5501(d) 25 Del. C. § 5112

What notice do I give before filing for unpaid rent?

After the late charge period, a written demand giving at least 7 days after the notice is given or sent. If all rent due is paid before you file, you cannot file for possession for that nonpayment. Send the Right to Representation Coordinator's approved materials on tenants' legal representation with the demand.

25 Del. C. § 5502(a), (c) 25 Del. C. § 5606

How much notice do I need before entering?

At least 48 hours, and only between 8 a.m. and 9 p.m. Repairs the tenant requested need no 48-hour notice but still fall within those hours. In an emergency you may enter at any time. The tenant may waive the notice for showings in a separate signed document.

25 Del. C. § 5509(b)

How do I end a month-to-month tenancy?

Give at least 60 days' written notice. The 60 days start on the first day of the month after the notice is actually given.

25 Del. C. § 5106(d)

How much notice do I need to raise the rent?

To renew at a higher rent, give written notice at least 60 days before the agreement expires, stating the new rent and when it starts. The tenant is treated as accepting unless the tenant gives notice of termination at least 45 days before the term ends.

25 Del. C. § 5107(a), (b)

What is the most I can charge for an application fee?

10 percent of the monthly rent or $50, whichever is greater, with a receipt. Demanding more entitles the applicant to double the fee. Separately, a fee for a credit or other investigation may not exceed the specific cost of that investigation.

25 Del. C. § 5514(d) 25 Del. C. § 5310(a)

Can I charge a nonrefundable move-in or pet fee?

No. Delaware bars any nonrefundable fee as a condition of occupancy, except an optional service fee for actual services such as a pool fee.

25 Del. C. § 5311

Can my lease make the tenant pay my attorneys' fees?

No. A lease provision for either side to recover attorneys' fees is not enforceable.

25 Del. C. § 5111

Can a tenant break a lease early in Delaware?

Yes, on 30 days' written notice counted from the first of the next month, for reasons the Code lists, such as a job transfer of more than 30 miles, entering active military service, or being a victim of domestic abuse, a sexual offense or stalking. Your re-renting charge against the deposit is then capped at one month's rent.

25 Del. C. § 5314(b) 25 Del. C. § 5514(c)(3)

Can I change the locks or shut off utilities to get a tenant out?

No. Only a court order can remove a tenant, and the constable or sheriff carries out the writ; you may not cut utilities for nonpayment. A tenant locked out can recover three times the damages or three times the daily rent, whichever is greater.

25 Del. C. § 5313 25 Del. C. § 5312(e) 25 Del. C. § 5715(b)

What documents must I give a new tenant?

A free copy of the lease showing the owners' names and business addresses, the Attorney General's Code summary at the start of the term, the Right to Representation Coordinator's approved materials on tenants' legal representation, and where the deposit is held. From the earlier of June 10, 2027 or the state's Register notice that the guide is published, also give the state rights and responsibilities guide before signing, with the tenant's acknowledgment.

25 Del. C. § 5105 25 Del. C. § 5118 25 Del. C. § 5606 25 Del. C. § 5124(c) 85 Del. Laws, c. 277, §§ 5, 6 25 Del. C. § 5514(b)

Statutes read for this page

Source: Delaware Code Online, the Delaware General Assembly's official site, read on October 1, 2026.

Not read for this page (8)
  • Whether the Delaware State Housing Authority has published the notice that would start the lead-safe rules for pre-1978 homes before March 1, 2028.
  • The remaining Delaware Fair Housing Act and independent federal accommodation and screening requirements.
  • City and county codes, including Wilmington, Dover and Newark.
  • Delaware law on returned checks outside the Landlord-Tenant Code.
  • Any flood disclosure rule outside the Landlord-Tenant Code.
  • The state landlord and tenant rights and responsibilities guide and the Attorney General's Code summary.
  • The State Fire Prevention Regulations on where smoke and carbon monoxide detectors must be placed.
  • The session law that changes the Code's coverage and adds reentry fund rules from March 8, 2027.

General information, not legal advice. Checked against the Delaware statutes on the Legislature's own site on October 1, 2026; no attorney review is recorded. Laws change, so confirm the current text through the links above or with a Delaware attorney.

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