At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | No limit for month-to-month leases with pet deposit |
| Rent control? | No | No statewide or local rent control |
| Required notice to raise rent? | 60 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 1 year | Oral leases valid for shorter terms |
| Landlord entry notice? | 48 hours | Must provide at least 48 hours' notice |
Security Deposits
Delaware law limits security deposits and establishes clear guidelines for their collection and return.
For leases with a fixed term, landlords may collect a security deposit of up to 1 month's rent. For month-to-month tenancies, the limit is also 1 month's rent unless a pet deposit is involved, in which case additional amounts may apply. Landlords must hold security deposits in a federally insured interest-bearing account at a Delaware banking institution and provide the tenant with the account location.
Landlords must return the deposit within 20 days of the tenant vacating the unit, along with an itemized list of any deductions.
cite: Del. Code tit. 25, § 5514
Eviction Procedures
Delaware requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 5-Day Notice: For nonpayment of rent
- 7-Day Notice: For violation of lease terms or rules (with opportunity to cure)
- 60-Day Notice: For no-cause termination of month-to-month tenancies
- Immediate filing: For illegal drug activity or a clear and imminent threat to other tenants
After the notice period expires without compliance, the landlord must file a complaint with the Justice of the Peace Court to begin formal eviction proceedings.
cite: Del. Code tit. 25, § 5502
Rent Control
Delaware does not have any rent control laws at the state or local level. Landlords may increase rent by any amount, provided they give proper notice as required by the lease or by law for month-to-month tenancies (60 days' notice).
Rent increases may not be imposed in a retaliatory manner against tenants who have exercised their legal rights.
cite: Del. Code tit. 25, § 5516
Lease Agreements
Delaware does not require a written lease for tenancies of one year or less, but written leases are strongly recommended. Any lease for longer than one year must be in writing. The Delaware Residential Landlord-Tenant Code provides default terms that apply in the absence of a written agreement.
Required Disclosures
Delaware landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Owner/agent identity: The name and address of the owner and any authorized agent
- Bedbug history: Whether the unit has a known bedbug infestation
- Damage disclosure: Any known damage or deficiencies in the unit at the time of move-in
- Move-in/move-out checklist: A written inventory of the condition of the premises
cite: Del. Code tit. 25, § 5101 et seq.
Tenant Rights
Delaware provides broad protections for tenants:
- Habitability: Landlords must maintain rental units in a fit and habitable condition, including working plumbing, heating, electricity, and compliance with building and housing codes
- Retaliation protection: Landlords cannot retaliate against tenants who report code violations, join tenant organizations, or exercise their rights under the landlord-tenant code
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, and gender identity
- Right to privacy: Landlords must provide at least 48 hours' notice before entering a tenant's unit, except in emergencies
- Repair and deduct: Tenants may arrange for essential repairs and deduct the cost from rent (up to one month's rent) if the landlord fails to address habitability issues after written notice and a reasonable time to repair