Home · Landlord-tenant rules · Delaware
Deposit, notice, and late-fee figures cited to the state statute.
| Rule | Rule text |
|---|---|
| Security deposit cap | No landlord may require a security deposit in excess of one month's rent where the rental agreement is for one year or more. For a primary residential tenancy of undefined term or month to month that has lasted one year or more, the deposit may not exceed one month's rent, with an exception stated for federally assisted housing regulations. After one year, the landlord shall immediately credit the tenant any amount in excess of one month's rent. These limits do not apply to furnished rental units. Del. Code tit. 25, § 5514. As of 2026-10-09. |
| Deposit return deadline | Within 20 days after the termination or expiration of the rental agreement, the landlord shall provide an itemized list of damages and the estimated cost of repair for each, and shall tender payment for the difference between the security deposit and those costs. Del. Code tit. 25, § 5514(f). As of 2026-10-09. |
| Notice for a rent increase | If the landlord intends to renew the rental agreement with amended or modified provisions, including the amount of rent or the security deposit, the landlord shall give the tenant a minimum of 60 days' written notice before the agreement expires. The notice shall specify the modified provisions, the amount of any rent or security deposit, and the date the modifications take effect. Subsections (a) through (c) do not apply where the tenant's rent and security deposit are a function of income under HUD regulations or guidelines. Del. Code tit. 25, § 5107. As of 2026-10-09. |
| Notice to end a tenancy | A landlord may terminate a rental agreement other than a month-to-month agreement by giving a minimum of 60 days' written notice before the term expires, and a tenant may terminate a rental agreement by the same notice. For a month-to-month agreement, either party may terminate it by a minimum of 60 days' written notice. That 60-day period begins on the first day of the month following the day of actual notice. Del. Code tit. 25, § 5106. As of 2026-10-09. |
| Notice before entry | The landlord shall give the tenant at least 48 hours' notice of the intent to enter, except for repairs requested by the tenant, and shall enter only between 8:00 a.m. and 9:00 p.m. In an emergency the landlord may enter at any time. Del. Code tit. 25, § 5509. As of 2026-10-09. |
| Late fee | Where the rental agreement provides for a late charge, the late charge shall not exceed 5 percent of the monthly rent. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. Del. Code tit. 25, § 5501(d). As of 2026-10-09. |
| Eviction notice | A landlord may, any time after the period between the date rent is due and the date when late fees may be imposed, demand payment of past due rent and notify the tenant in writing that unless payment is made within a time stated in the notice, not less than 7 days after the notice was given or sent, the landlord may file a court action to terminate the rental agreement. Del. Code tit. 25, § 5502(a). As of 2026-10-09. |
No landlord may require a security deposit in excess of one month's rent where the rental agreement is for one year or more. For a primary residential tenancy of undefined term or month to month that has lasted one year or more, the deposit may not exceed one month's rent, with an exception stated for federally assisted housing regulations. After one year, the landlord shall immediately credit the tenant any amount in excess of one month's rent. These limits do not apply to furnished rental units.
Within 20 days after the termination or expiration of the rental agreement, the landlord shall provide an itemized list of damages and the estimated cost of repair for each, and shall tender payment for the difference between the security deposit and those costs.
Where the rental agreement provides for a late charge, the late charge shall not exceed 5 percent of the monthly rent. The late charge shall not be imposed within 5 days of the agreed time for payment of rent.
Figures are from Delaware statutes, retrieved 2026-10-09. Primary sources: https://delcode.delaware.gov/title25/c055/index.html, https://delcode.delaware.gov/title25/c051/sc01/index.html.
No landlord may require a security deposit in excess of one month's rent where the rental agreement is for one year or more. For a primary residential tenancy of undefined term or month to month that has lasted one year or more, the deposit may not exceed one month's rent, with an exception stated for federally assisted housing regulations. After one year, the landlord shall immediately credit the tenant any amount in excess of one month's rent. These limits do not apply to furnished rental units. Source: Del. Code tit. 25, § 5514, https://delcode.delaware.gov/title25/c055/index.html, as of 2026-10-09.
Within 20 days after the termination or expiration of the rental agreement, the landlord shall provide an itemized list of damages and the estimated cost of repair for each, and shall tender payment for the difference between the security deposit and those costs. Source: Del. Code tit. 25, § 5514(f), https://delcode.delaware.gov/title25/c055/index.html, as of 2026-10-09.
If the landlord intends to renew the rental agreement with amended or modified provisions, including the amount of rent or the security deposit, the landlord shall give the tenant a minimum of 60 days' written notice before the agreement expires. The notice shall specify the modified provisions, the amount of any rent or security deposit, and the date the modifications take effect. Subsections (a) through (c) do not apply where the tenant's rent and security deposit are a function of income under HUD regulations or guidelines. Source: Del. Code tit. 25, § 5107, https://delcode.delaware.gov/title25/c051/sc01/index.html, as of 2026-10-09.
A landlord may terminate a rental agreement other than a month-to-month agreement by giving a minimum of 60 days' written notice before the term expires, and a tenant may terminate a rental agreement by the same notice. For a month-to-month agreement, either party may terminate it by a minimum of 60 days' written notice. That 60-day period begins on the first day of the month following the day of actual notice. Source: Del. Code tit. 25, § 5106, https://delcode.delaware.gov/title25/c051/sc01/index.html, as of 2026-10-09.
The landlord shall give the tenant at least 48 hours' notice of the intent to enter, except for repairs requested by the tenant, and shall enter only between 8:00 a.m. and 9:00 p.m. In an emergency the landlord may enter at any time. Source: Del. Code tit. 25, § 5509, https://delcode.delaware.gov/title25/c055/index.html, as of 2026-10-09.
Where the rental agreement provides for a late charge, the late charge shall not exceed 5 percent of the monthly rent. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. Source: Del. Code tit. 25, § 5501(d), https://delcode.delaware.gov/title25/c055/index.html, as of 2026-10-09.
A landlord may, any time after the period between the date rent is due and the date when late fees may be imposed, demand payment of past due rent and notify the tenant in writing that unless payment is made within a time stated in the notice, not less than 7 days after the notice was given or sent, the landlord may file a court action to terminate the rental agreement. Source: Del. Code tit. 25, § 5502(a), https://delcode.delaware.gov/title25/c055/index.html, as of 2026-10-09.
Estimates for planning; not tax/legal advice.