Delaware Landlord-Tenant Law 2026: The Plain-English Guide
Delaware's Residential Landlord-Tenant Code (25 Del. C. §§ 5101–5907) is one of the more tenant-protective frameworks in the mid-Atlantic: a one-month security deposit cap, a tight 20-day deposit return window with double damages for violations, and 60-day termination notices on both ends. In September 2026 the state added a right of redemption for tenants facing eviction over unpaid rent — a "pay to stay" rule that changes how nonpayment cases end. The law rewards paperwork discipline and punishes shortcuts: miss the deposit accounting deadline or botch the notice procedure, and the statute hands the tenant the penalty automatically.
Security deposits
- Capped at one month's rent for leases of one year or longer (25 Del. C. § 5514(a)). This is a strict cap — don't collect more and don't disguise extra charges as fees to dodge it.
- Shorter tenancies are different: on a month-to-month lease, Delaware lets you charge more than one month's rent during the first year — but the excess must be returned to the tenant after one year. There is also no cap on furnished units.
- Pet deposit: you may charge a pet deposit, but it can't exceed one month's rent — and you can't charge one at all for a certified trained service animal.
- Separate account required: deposits must sit in a dedicated "security deposit account" at a federally insured bank with an office in Delaware — not your operating account, and the money can't be used in running your business. You must disclose the account location to the tenant, and on written request you have 20 days to do so — fail, and the tenant is entitled to double the deposit.
- Return within 20 days after the lease ends, with a written itemized list of damages and repair costs plus the remaining balance. No itemized list means the full deposit must go back.
- Tenant-side duties: the tenant must object in writing within 10 days of receiving your itemization, and must give you a forwarding address in writing before vacating. If they don't provide one, your notice liability disappears and you simply hold the unclaimed balance for one year. Collect that forwarding address at the final walkthrough, every time.
- Double-damage teeth: failing to return the deposit (minus lawful deductions) within 20 days entitles the tenant to double the amount wrongfully withheld, plus the code's other remedies. The 20-day clock is one of the shortest in the country — start the move-out accounting the day the unit is vacant, not the day you get around to it.
- No junk fees: application fees are capped at $50 or 10% of monthly rent, and landlords can't stack a separate credit-check fee on top. Nonrefundable fees beyond actual services rendered aren't allowed.
- Practical habit: photo-document at move-in and move-out, generate the itemization from the photos, and mail it certified within the first week after vacancy. See our move-in/move-out inspection checklist.
Use our Security Deposit Deadline Finder and deductions guide.
Rent rules
- No rent control — Delaware has no statewide rent cap. A 2024 bill (HB 455) that would have capped renewal increases at 5% died in committee and was never reintroduced, and the 153rd General Assembly's session ended June 30, 2026, without one. Any claim that Delaware limits increases to 5% is wrong. Note that state law doesn't prevent cities from enacting their own rent rules — watch local ordinances — but none currently imposes a general cap.
- Rent-increase notice: 60 days' written notice before any rent increase (90 days for mobile homes), and you can't raise rent during a lease term unless the lease itself allows it (25 Del. C. § 5107). Put increases in writing and document delivery. See how to raise rent legally.
- Late fees capped: late charges may not exceed 5% of monthly rent and can't be imposed until 5 days after the due date — 8 days if you don't maintain an in-county payment office (25 Del. C. § 5501(d)).
- No grace-period ambiguity: the 5-day rule above is the statutory structure — write the exact due date, grace period, and fee amount into the lease so there's no argument. See how to handle late rent.
Eviction in Delaware
Self-help evictions are strictly prohibited — no lockouts, no utility shutoffs, no removing belongings (25 Del. C. § 5313). You file a summary possession action in the Justice of the Peace Court and let the process run. Delaware courts also run a free residential eviction diversion program with negotiation and mediation — expect tenants to use it.
- Nonpayment: 5 days' written notice to pay (25 Del. C. § 5502). If the tenant stays in default, you file for summary possession. Important detail: if the tenant pays everything owed before you file and you accept it without a written reservation of rights, you lose the right to file on that nonpayment — be deliberate about accepting late money.
- Lease violations (non-payment aside): 7 days' written notice to cure or vacate (25 Del. C. § 5513(a)), specifying the rule allegedly breached. If the tenant commits a substantially similar breach within 1 year, you can rely on the original notice to start a new action — no second cure period required. If the tenant causes or threatens irreparable harm to a person or the property, the lease can be terminated immediately (§ 5513(b)).
- NEW — Right of redemption (effective September 1, 2026): SS 1 for SB 116 created a "pay to stay" right for tenants facing eviction solely for nonpayment of rent. The tenant can redeem the unit by paying all past-due amounts plus court-awarded costs and fees — at any time before the actual execution of the eviction. Once the landlord receives payment, you must immediately notify the court and the officer holding the writ, and the court issues a stay. The right doesn't apply to tenants with 3 judgments of possession for nonpayment in the prior 24 months, and landlords must accept payment from charitable organizations or government entities on the tenant's behalf. Practically: if a Delaware nonpayment case gets to judgment, expect a redemption attempt before the writ is executed — keep your rent ledger current and court-ready.
- Month-to-month termination: 60 days' written notice by either party (25 Del. C. § 5106) — and the clock starts on the first day of the month following actual notice, so plan around it. The same 60-day rule applies to year-to-year and other periodic tenancies.
- Notice delivery rules are strict: mailing must be by registered or certified mail, or first-class mail with a certificate of mailing; posting on the property also requires a receipt or certificate. Budget for this — sloppy service kills otherwise good cases.
Full process: how to evict a tenant.
Repairs and habitability
- Delaware imposes a non-waivable warranty of habitability: you must deliver the unit in fit condition and keep it that way. You and the tenant can agree in a separate conspicuous writing (not buried in the lease) that the tenant handles specified maintenance, but it must primarily benefit the unit, can't cover code-compliance items, and must come with real consideration or a rent reduction.
- Repair-and-deduct is real and capped: after written notice, if you fail to remedy within 30 days (or start corrective measures within 10 days), the tenant may repair and deduct up to $400 or half of one month's rent, whichever is less, with receipts (25 Del. C. § 5307(a)). Take written repair notices seriously — the clock and the cap are both short.
- Give every tenant a written maintenance-request channel at move-in and log every report with a date. See how to handle maintenance requests.
- Retaliation is prohibited — you can't punish a tenant for reporting code violations or exercising rights under the code.
- Delaware also operates a Right to Representation program for income-eligible tenants facing eviction, plus the diversion program mentioned above — don't assume the tenant will show up unrepresented.
Entry rights
- 48 hours' notice for non-emergency entries (25 Del. C. § 5509(b)) — repairs, inspections, showings to prospective tenants or buyers. Emergencies (fire, flooding, gas leak) allow immediate entry.
- Showing exception: a tenant may waive the 48-hour showing requirement in writing to make viewings easier — get the waiver signed, don't assume it.
- Extended absence also permits entry (§ 5507(b)).
- Document every entry: notice date, reason, time in, time out. If a tenant refuses lawful access, a clean paper trail is your evidence in court.
- Mandatory disclosure at signing: Delaware landlords must give every renter the Attorney General's Summary of the Landlord-Tenant Code when the lease is signed. Build it into your move-in packet.
Discrimination
The federal Fair Housing Act applies in full, and Delaware's Fair Housing Act mirrors the federal protected classes: race, color, religion, sex, national origin, familial status, and disability. Screen every applicant with the same written criteria and document your decisions. Our fair housing guide covers what you can and can't ask.
The bottom line
Delaware rewards landlords who treat the code like an operating manual and punishes those who improvise. The one-month deposit cap, separate-account rule with a disclosure deadline, and 20-day return window with double damages make deposit accounting the highest-stakes routine you'll run — get it on a checklist, not in your head. Evictions move on statutory rails: 5 days to pay, 7 days to cure, strict notice-service rules, and since September 2026 a right of redemption that lets nonpayment tenants pay up and stay even after judgment. Plan every nonpayment filing with redemption in mind — current ledgers, documented costs, and no refused payments you can't afford to refuse.
Run the checklist version of this: separate deposit account at a Delaware bank, AG Summary handed out at signing, forwarding address collected at every move-out, itemization mailed certified within days of vacancy, 60-day notices timed to the first of the month, and never touch self-help. Do that, and Delaware is a predictable, manageable state to own rentals in.
This is general information, not legal advice. Consult a Delaware landlord-tenant attorney for specific situations.