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Delaware

Delaware Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for Delaware.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in Delaware

Sources last checked July 2026

Delaware requires 60 days' written notice for either party to end a month-to-month tenancy, running from the first of the month after actual notice, under 25 Del. C. § 5106. Deposits are capped at one month's rent only for unfurnished units on leases of a year or more — furnished units carry no cap — and must return within 20 days. Eviction for nonpayment requires a five-day notice, and other violations require seven days to cure, under §§ 5502 and 5513; Delaware has no statewide rent control and no municipality has enacted one.

  • 5-day notice required before eviction for nonpayment of rent
  • 60-day move-out notice required for month-to-month tenancies
  • No rent control — no statutory cap on rent increases
  • 60-day advance written notice required for rent increases
  • Security deposits capped at 1 month's rent
5 rules summarized · Each linked to the law it cites

Security Deposit Limits

Security Deposit Limits

What is the security deposit limit in Delaware?

Under 25 Del. C. § 5514, no landlord may require a security deposit exceeding one month's rent for unfurnished residential units where the rental agreement is for one year or more. For month-to-month or undefined-term tenancies that have lasted one year or more, the cap is also one month's rent, and any excess must be immediately returned as a credit to the tenant. Furnished units are exempt from this cap. If a pet is present, an additional deposit equal to one month's rent may be charged. The security deposit must be held in a federally-insured escrow account. Upon termination of the tenancy, the landlord must return the deposit within 20 days; failure to do so entitles the tenant to double the amount wrongfully withheld.

25 Del. C. § 5514

Eviction Notice Requirements

Eviction Notice Requirements

What are the eviction notice requirements in Delaware?

Under 25 Del. C. §§ 5502 and 5513, a landlord must provide written notice before filing for eviction. For nonpayment of rent, the landlord must issue a 5-day notice to pay or quit. For lease violations (other than nonpayment), a 7-day notice to cure or quit is required. If the tenant fails to pay or remedy the violation within the notice period, the landlord may file an eviction action in the Justice of the Peace Court. Delaware prohibits retaliatory evictions under 25 Del. C. § 5516 — a landlord may not evict in response to a tenant exercising legal rights such as reporting housing code violations. Self-help evictions (changing locks, removing belongings) are prohibited.

25 Del. C. §§ 5502, 5513, 5516

Rent Increase Notice Periods

Rent Increase Notice Periods

How much notice is required for rent increases in Delaware?

Under 25 Del. C. §§ 5106 and 5107, a landlord must give at least 60 days written notice before a rent increase takes effect, tied to the expiration or renewal of the rental term (for month-to-month tenancies the 60-day period begins the first day of the month following actual notice, § 5106(d)). When a landlord gives notice of modified renewal terms including a rent increase under § 5107(a), the tenant must notify the landlord of an intent to terminate at least 45 days before the last day of the term, or the modified terms — including the new rent — are deemed accepted (§ 5107(b)). For fixed-term leases, rent may not be increased during the term unless the lease expressly provides for it; the statutory scheme permits rent to be modified only through the renewal-notice process.

25 Del. C. §§ 5106, 5107

Rent Control / Rent Increase Caps

Rent Control / Rent Increase Caps

Is there rent control in Delaware?

Delaware has no statewide rent control law and does not cap the amount by which a landlord may increase rent. Delaware's Landlord-Tenant Code (Title 25, Chapters 51 and 55) contains no rent-cap or rent-control provision. Landlords may raise rent by any amount, subject only to the required advance written notice (60 days under 25 Del. C. § 5107, tied to the renewal-notice timeline in § 5106). Fixed-term leases are protected from increases during the term because the statutory scheme permits rent to be modified only at renewal, absent an express lease provision. The Code contains no clause expressly preempting local rent control, and no Delaware municipality has enacted rent control. A tenant who believes an increase is retaliatory may raise retaliation as a defense under 25 Del. C. § 5516.

25 Del. C. § 5107; 25 Del. C. § 5516

Move-Out & Lease Termination Notice

Move-Out & Lease Termination Notice

What is the move-out notice requirement in Delaware?

Under 25 Del. C. § 5106, either a landlord or a tenant may terminate a month-to-month rental agreement by giving the other party at least 60 days written notice (§ 5106(d)); the 60-day period begins on the first day of the month following the day of actual notice. For a fixed-term lease, a tenant who does not wish to continue past the end of the term must give at least 60 days written notice before the expiration date (§ 5106(c)) — the same 60 days the landlord must give. A shorter 45-day deadline applies only in the narrower case where the landlord has proposed modified renewal terms under § 5107 and the tenant is rejecting them. If neither party gives 60 days notice of intent not to renew before a fixed-term lease ends, the tenancy converts to month-to-month.

25 Del. C. § 5106

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