Delaware Landlord-Tenant Law 2026: The Complete Handbook

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Delaware-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Delaware property.

Delaware's landlord-tenant relationship is governed by the Delaware Residential Landlord-Tenant Code (Title 25 of the Delaware Code) — and Delaware is unusual in requiring landlords to hand tenants an official summary of that Code at move-in. The state runs tight on deposits and late fees but keeps evictions curable and predictable. Here's everything you need to know.

Security deposits in Delaware

> Check your numbers: Use our free Delaware security deposit calculator to verify your deposit amount and return deadline before move-in.

Key details:

• The deposit is capped at one month's rent (Del. Code tit. 25 § 5514)
• A pet deposit is not included in the cap, so you can collect it on top
• The deposit or an itemized statement of deductions must be returned within 20 days after move-out — one of the shorter windows in the country, so start the move-out inspection immediately
• No escrow account and no interest payments are required

Eviction process in Delaware

Delaware eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.

Step 1: Serve proper notice

For nonpayment, serve a written 5-Day Notice to Pay Rent or Vacate. Delaware gives the tenant a right to cure — if the tenant pays everything owed within the five days, the tenancy continues (Del. Code tit. 25 § 5502).

Note the month-to-month termination number: 60 days (Del. Code tit. 25 § 5106) — double what most states require. Plan turnover timelines accordingly.

Step 2: File the eviction action

If the tenant neither pays nor vacates by the deadline, file the eviction action with the court that handles landlord-tenant cases for the property's location.

Step 3: Court hearing

If the tenant contests, the court schedules a hearing where both parties present their case. Bring the notice, the lease, and your payment ledger.

Step 4: Writ of possession

If the court rules for the landlord, a writ issues and law enforcement carries out the removal.

Late fees in Delaware

> Calculate your late fee: Use our free Delaware late fee calculator to apply the 5% cap and grace period to your exact rent. Also try our prorated rent calculator for move-in/move-out calculations.

Delaware's late-fee rules (Del. Code tit. 25 § 5501) are simple but firm:

• 5-day grace period — no fee until rent is 5 days late
• Cap: 5% of the monthly rent — and note the base is the full monthly rent, not the amount past due (§ 5501(d)). On $1,500 rent, the maximum fee is $75 regardless of how much of the rent is outstanding
• One quirk: if the landlord has no office in the county where tenants can pay rent, the grace period extends by 3 days

Landlord entry in Delaware

Delaware requires two days' notice before non-emergency entry — longer than the 24 hours most states use. Give it in writing and enter at reasonable times.

Required disclosures in Delaware

Delaware landlords must disclose the following:

1. Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA's *Protect Your Family From Lead in Your Home* pamphlet (federal requirement)
2. Owner/agent identity on the lease — the names and usual business addresses of all owners (or their appointed resident agents) must be prominently disclosed on each written rental agreement (25 Del. C. § 5105)
3. Summary of the Landlord-Tenant Code — you must give the tenant the Attorney General's (Consumer Protection Unit) Summary of the Delaware Residential Landlord-Tenant Code at the beginning of the rental term. If you don't, the tenant may plead ignorance of the law as a defense (25 Del. C. § 5118) — a uniquely Delaware penalty that can undercut your own enforcement of the Code

Rent increase rules in Delaware

• No rent control — Delaware has no rent control in Tenby's compliance database
• 60 days' written notice terminates a month-to-month tenancy (Del. Code tit. 25 § 5106), which effectively sets the minimum notice for rent increases on month-to-month tenancies — the longest such window among the states in this series
• Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
• There is no statutory cap on the amount of a rent increase

Maintenance obligations

Landlord must:

• Maintain the property in compliance with applicable building and housing codes
• Keep the premises fit and habitable
• Maintain plumbing, electrical, heating, and other essential systems in good working order
• Keep common areas safe and clean
• Make repairs within a reasonable time after notice — Tenby's compliance engine uses 14 days as the benchmark repair window for Delaware properties

Tenant must:

• Keep the unit clean and sanitary
• Use appliances and systems reasonably
• Not deliberately or negligently damage the premises
• Dispose of garbage properly
• Not disturb neighbors' peaceful enjoyment
• Notify the landlord of needed repairs promptly

Tenant rights in Delaware

Tenants in Delaware have the right to:

• Habitable housing — and the right to withhold rent when the landlord fails to maintain the premises (Del. Code tit. 25 § 5308)
• Repair and deduct — no statutory repair-and-deduct remedy in Tenby's compliance database; habitability claims run through the withholding/court process instead
• Right to cure nonpayment — paying in full within the 5-day notice period stops the eviction (Del. Code tit. 25 § 5502)
• Deposit protections — 1-month cap, itemized deductions, and the 20-day return deadline (Del. Code tit. 25 § 5514)
• Late fee protections — 5-day grace and the 5% cap (Del. Code tit. 25 § 5501)
• 48-hour entry notice (Del. Code tit. 25 § 5509)
• A copy of the Code summary — and the ignorance defense if the landlord never provided it (25 Del. C. § 5118)
• Source-of-income protection — landlords may not discriminate based on lawful source of income, including vouchers (Del. Code tit. 6 § 4603)
• Fair housing — federal protections against discrimination apply, and tenants in certain federally subsidized housing have VAWA protections

How Tenby helps Delaware landlords

Tenby's compliance engine handles Delaware-specific requirements automatically:

• 1-month deposit cap enforced at lease creation (pet deposit correctly excluded)
• 20-day deposit return tracking with countdown alerts
• 5% late-fee cap on monthly rent with the 5-day grace period applied automatically
• Code Summary delivery tracking — the § 5118 AG summary is served and receipt-logged at move-in, closing the ignorance-defense loophole
• 48-hour entry notice generation and delivery tracking
• 60-day notice tracking for month-to-month terminations and rent increases
• Source-of-income screening guardrails built into Tenby's application flow

The bottom line

Delaware is a rules-heavy but predictable state. The numbers to burn in: 1-month deposit cap, 20-day return, 5-day late-fee grace, 5% cap on monthly rent, 48-hour entry notice, 60-day month-to-month notice — and always hand over the Attorney General's Code summary at move-in, because failing to do so lets the tenant plead ignorance of the law against you. Follow the Residential Landlord-Tenant Code, document everything, and you'll avoid most legal issues.