Delaware Landlord-Tenant Law
Know your rights as a renter in Delaware. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under Delaware law.
Legal basis: Delaware landlord-tenant law — Delaware Code
20
Days to Return Deposit
1 month's rent
Max Deposit
48h
Entry Notice
Required
Deposit Escrow
Max Deposit shows the short version — read the full rule below.
What Delaware law says about deposits
Maximum Deposit
1 month's rent for leases of 1 year or more and month-to-month tenancies after the first year; no cap for furnished units; pet deposit up to 1 month's rent
Return Deadline
20 days
Penalties, interest & late-fee rules under Delaware law
If your deposit is wrongfully or late returned
Landlord forfeits the right to withhold any portion plus may owe double the amount withheld.
Interest on your deposit is not required
Grace period
No late fee within 5 days of the due date. If the landlord has no place in the tenant's county to pay rent in person, the due date moves 3 days later
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
48 hours
except repairs you asked for; 8 a.m.–9 p.m.; for showings you may waive it in a separate signed document (25 Del. C. § 5509(b))
In Delaware, this notice does not apply to every entry. Delaware requires 48 hours' notice to show the home too, unless you waived it for showings to prospective tenants or buyers in a signed addendum or other separate signed document (25 Del. C. § 5509(b)). Entry you asked for, such as a repair you requested, is entry with consent and is not held to the figure.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
60 days notice
Legal basis: 25 Del. C. § 5107
15/30 days; 48 hours for heat and water
Legal basis: 25 Del. C. §§ 5305–5308
90 days protected
Legal basis: 25 Del. C. § 5516
30 days' written notice
Legal basis: 25 Del. C. § 5314
Self-help illegal
Legal basis: 25 Del. C. § 5313
Important facts about Delaware rental law
Delaware limits security deposits to 1 month's rent on leases of a year or more and on month-to-month tenancies after the first year; there is no cap on shorter leases or furnished units.
Delaware landlords must return deposits within 20 days of move-out.
Delaware landlords must hold deposits in an escrow account at a Delaware bank.
Delaware tenants have strong protections against retaliatory evictions.
Something else? Contact our team
In Delaware, the security deposit limit is 1 month's rent for leases of 1 year or more and month-to-month tenancies after the first year; no cap for furnished units; pet deposit up to 1 month's rent.
Delaware landlords must return security deposits within 20 days after you move out.
In Delaware, landlords must give 48 hours' notice before entering your rental unit (except repairs you asked for; 8 a.m.–9 p.m.; for showings you may waive it in a separate signed document (25 Del. C. § 5509(b))).
Late fees in Delaware: 5% of monthly rent. State law provides a 5-day grace period before a late fee can apply.
60 days notice. 60 days' written notice before your lease expires to renew it at a new rent (25 Del. C. § 5107). If you don't want the new rent, give notice to end the lease at least 45 days before the term ends; otherwise it is treated as accepted (25 Del. C. § 5107). No statewide rent cap. Source: 25 Del. C. § 5107.
15/30 days; 48 hours for heat and water. Landlord must make repairs and keep the unit safe and up to code (25 Del. C. § 5305). Written notice: if not fixed in 15 days you can end the lease; immediately if uninhabitable (25 Del. C. § 5306). Repair and deduct: after written notice, if not fixed in 30 days (or no start within 10), deduct the lesser of $400 or half a month's rent, with receipts; not if you're behind on rent (25 Del. C. § 5307). No heat, water, hot water or electricity for 48 hours after notice: end the lease, or keep 2/3 of daily rent (25 Del. C. § 5308). Source: 25 Del. C. §§ 5305–5308.
90 days protected. Strong protections. 90 day protection period. Cannot evict for complaints. Source: 25 Del. C. § 5516.
30 days' written notice. A victim of domestic abuse, sexual offenses or stalking, or a tenant seeking relief from a court, police or domestic violence program, may end the lease with 30 days' written notice. The 30 days start on the first day of the month after the landlord gets your notice. Abuse can be verified by a court order or by a law enforcement officer, service provider or health care provider (25 Del. C. § 5141). Source: 25 Del. C. § 5314.
Self-help illegal. Self-help evictions illegal. Court process required. Utility shutoffs prohibited. Source: 25 Del. C. § 5313.
Delaware tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against Delaware law.
Plain-language answers that apply in Delaware and beyond
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