Question 1

How much can a landlord charge for a security deposit in Delaware?

Accepted Answer

No more than 1 month's rent for leases of 1 year or more, or month-to-month tenancies that have lasted 1 year or more (furnished units excepted). Source: 25 Del. C. § 5514(a) (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 2

How long does a landlord have to return a security deposit in Delaware?

Accepted Answer

Within 20 days after the lease ends, provide an itemized list of damages and return the balance; failure entitles the tenant to double the amount wrongfully withheld. Source: 25 Del. C. § 5514 (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 3

How much notice does a landlord have to give before entering a rental in Delaware?

Accepted Answer

At least 48 hours' notice (except for repairs the tenant requested); entry only between 8 a.m. and 9 p.m. Source: 25 Del. C. § 5509(b) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 4

How much notice does a landlord need to give to raise the rent in Delaware?

Accepted Answer

To renew with a rent increase or other changes, at least 60 days' written notice before the rental agreement expires. Source: 25 Del. C. § 5107(a) (https://delcode.delaware.gov/title25/c051/sc01/index.html), last checked 2026-10-15.

Question 5

Can a landlord charge a late fee in Delaware, and how much?

Accepted Answer

No more than 5% of the monthly rent, and none within 5 days of the agreed due date. Source: 25 Del. C. § 5501(d) (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Delaware?

Accepted Answer

Written demand giving at least 5 days to pay before the lease is terminated. Source: 25 Del. C. § 5502(a) (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 7

How much notice is needed to end a month-to-month tenancy in Delaware?

Accepted Answer

Either party may end a month-to-month tenancy with at least 60 days' written notice. The 60 days start on the first day of the month after actual notice. Source: 25 Del. C. § 5106(d) (https://delcode.delaware.gov/title25/c051/index.shtml), last checked 2026-10-15.

Question 8

Does a landlord have to pay interest on a security deposit in Delaware?

Accepted Answer

Delaware's deposit statute requires deposits to be held in a designated escrow account at a federally insured bank in the state, with the account's location disclosed to the tenant. It does not require the landlord to pay interest (all of Chapter 55 was read). Source: 25 Del. C. § 5514(b) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 9

Is a move-in or move-out inspection checklist required in Delaware?

Accepted Answer

Delaware's Residential Landlord-Tenant Code (25 Del. C. chs. 51-59) requires no move-in inspection or condition checklist (full chapters read). It does require pre-rental disclosure of bed bugs in adjacent units (§ 5302A(c)) and, where applicable, lead-safe or lead-free certification (ch. 54). Source: 25 Del. C. chs. 51-59 (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 10

Is landlord retaliation illegal in Delaware?

Accepted Answer

Yes. A landlord may not seek possession, raise rent, or cut services after a tenant's good-faith code complaint, a government code notice, tenant-organization activity, or pursuit of legal remedies. Acts within 90 days are presumed retaliatory. The tenant may recover 3 months' rent or treble damages. Source: 25 Del. C. § 5516 (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 11

Can a landlord change the locks or shut off utilities in Delaware?

Accepted Answer

A tenant removed or excluded by the landlord without a court order may recover possession or terminate, plus treble damages or 3 times the per-diem rent for the time excluded, whichever is greater. Source: 25 Del. C. § 5313 (https://delcode.delaware.gov/title25/c053/index.shtml), last checked 2026-10-15.

Question 12

What can a tenant do if the landlord won't make repairs in Delaware?

Accepted Answer

If the landlord doesn't start reasonable corrective measures within 10 days of notice, the tenant may have the work done professionally and deduct up to $400 or half a month's rent (whichever is less), with receipts. Separate remedies apply when heat, water, hot water or electricity aren't supplied (termination or substitute housing with rent abatement). Source: 25 Del. C. §§ 5307, 5308 (https://delcode.delaware.gov/title25/c053/index.shtml), last checked 2026-10-15.

Question 13

What disclosures must a landlord give tenants in Delaware?

Accepted Answer

Every written lease must prominently disclose the names and business addresses of the owners (or their resident agents) and of anyone deemed a landlord. The tenant gets a free copy of the written lease; for oral agreements, the information on demand. Source: 25 Del. C. § 5105 (https://delcode.delaware.gov/title25/c051/index.shtml), last checked 2026-10-15.

Question 14

What can a landlord do with property a tenant leaves behind in Delaware?

Accepted Answer

After a summary possession judgment with no appeal, the landlord may remove and store the tenant's items at the tenant's expense. Seven days after the appeal period ends, the property is deemed abandoned and may be disposed of without further notice. Source: 25 Del. C. § 5507(e) (https://delcode.delaware.gov/title25/c055/index.shtml), last checked 2026-10-15.

Question 15

Can a tenant break a lease early for domestic violence or military service in Delaware?

Accepted Answer

With 30 days' written notice (starting the first of the next month), a tenant may end the lease for: entering active military service; being a victim of domestic abuse, sexual offenses or stalking (or seeking relief from domestic violence); a job relocation over 30 miles; serious illness or death in the family; admission to senior or subsidized housing; or the tenant's death (by the spouse or estate). Source: 25 Del. C. § 5314(b) (https://delcode.delaware.gov/title25/c053/index.shtml), last checked 2026-10-15.

Question 16

Is there a grace period before a late fee can be charged in Delaware?

Accepted Answer

A late charge may not be imposed within 5 days of the agreed rent due date. It is capped at 5% of monthly rent, and a landlord with no office in the county for receiving rent must allow 3 more days. Source: 25 Del. C. § 5501(d) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 17

How much can a landlord charge for a rental application fee in Delaware?

Accepted Answer

Application fee is capped at the greater of 10% of monthly rent or $50; the landlord must give a receipt and keep fee records for 2 years. Source: 25 Del. C. § 5514(d) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 18

Can a landlord refuse Section 8 or other source of income in Delaware?

Accepted Answer

Refusing to rent, or discriminating in rental, because of source of income is unlawful. Source: 6 Del. C. § 4603(b) (https://delcode.delaware.gov/title6/c046/index.html), last checked 2026-10-15.

Question 19

Does a landlord have to give notice before not renewing a lease in Delaware?

Accepted Answer

To end a lease that isn't month-to-month, the landlord must give at least 60 days' written notice before the lease expires stating that it will end on its expiration date. Month-to-month tenancies need 60 days' notice from either side. Source: 25 Del. C. § 5106(c)-(d) (https://delcode.delaware.gov/title25/c051/sc01/index.html), last checked 2026-10-15.

Question 20

Can a tenant fix something and deduct it from rent in Delaware?

Accepted Answer

If the landlord doesn't fix the problem within 30 days of written notice (or start fixing it within 10 days), the tenant may have it professionally repaired and deduct up to $400 or half a month's rent, whichever is less, with receipts. Tenants behind on rent can't use this remedy. Source: 25 Del. C. § 5307 (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-15.

Question 21

Can a tenant sublet an apartment in Delaware?

Accepted Answer

Unless the lease says otherwise, a tenant may sublet or assign. A lease may restrict or bar assignment, and may require the landlord's consent to sublet, but that consent can't be unreasonably withheld (the landlord must show reasonableness). Source: 25 Del. C. § 5508 (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 22

What happens if a tenant stays after the lease ends in Delaware?

Accepted Answer

A tenant who stays past termination without consent owes up to double the monthly rent, prorated daily, for each day of holdover, plus any further proven losses. Source: 25 Del. C. § 5515(b) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 23

Does a landlord have to provide smoke and carbon monoxide detectors in Delaware?

Accepted Answer

Tenants must not remove or tamper with a working smoke detector or carbon monoxide detector installed by the landlord, including by removing working batteries. Source: 25 Del. C. § 5503 (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-15.

Question 24

How does the eviction court process work in Delaware?

Accepted Answer

The notice of hearing and complaint must be served at least 5 and at most 30 days before the hearing. Contested facts are tried by the court, and a trial can be postponed no more than 10 days without everyone's consent. Source: 25 Del. C. §§ 5705, 5710 (https://delcode.delaware.gov/title25/c057/index.html), last checked 2026-10-15.

Question 25

What is the condo conversion protections rule in Delaware?

Accepted Answer

Residential tenants of a conversion building must get notice and the public offering statement at least 120 days before they must vacate. For 60 days after the notice, the tenant has the right to buy the unit. For the following 180 days, it can't be offered to others on better terms. Source: 25 Del. C. § 81-412 (https://delcode.delaware.gov/title25/c081/sc04/index.html), last checked 2026-10-15.

Question 26

What is the deposit bank holding / separate account rule in Delaware?

Accepted Answer

Each deposit must be placed in an escrow account at a federally insured bank with an office in Delaware. The account must be labeled as a security deposits account and not used for business, and the landlord must tell the tenant where it is. Code text: "Each security deposit shall be placed by the landlord in an escrow bank account in a federally-insured banking institution with an office that accepts deposits within the State." Source: 25 Del. C. § 5514(b) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-16.

Question 27

What is the eviction notices for other grounds (lease violation, no-fault) rule in Delaware?

Accepted Answer

For a breach of a material rule or lease term, the landlord must notify the tenant in writing and allow at least 7 days to fix it before ending the lease. A similar breach within a year can be grounds for eviction based on that same notice. Code text: "the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach." Source: 25 Del. C. § 5513(a) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-16.

Question 28

What is the right to cure / redeem rule in Delaware?

Accepted Answer

Yes. Paying all rent due before the landlord files stops an eviction for nonpayment, and paying all rent due after the case is filed means the landlord cannot continue that case. Lease-rule violations get at least 7 days to fix. Code text: "pays all rent due under the terms of the lease after the landlord has initiated an action for nonpayment or late payment of rent against the tenant, then the landlord may not maintain that action based upon such failure to pay past due rent." Source: 25 Del. C. §§ 5502(c)-(d), 5513(a) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-16.

Question 29

What is the rent receipts, payment methods & cash rule in Delaware?

Accepted Answer

A landlord who takes rent in cash must give a receipt within 15 days and keep cash receipt records for 3 years. The landlord may limit payment methods to those allowed by the lease, but may not refuse rent paid by or on behalf of the tenant. Code text: "If a landlord accepts a cash payment for rent, the landlord shall, within 15 days, give to the tenant a receipt for that payment." Source: 25 Del. C. §§ 5501(e), 5502(c) (https://delcode.delaware.gov/title25/c055/index.html), last checked 2026-10-16.

Question 30

What is the manufactured / mobile home parks rule in Delaware?

Accepted Answer

A manufactured home community landlord may end or refuse to renew a lot rental agreement only for due cause. For a good-faith change in land use, affected tenants must get at least a 1-year written notice and a relocation plan. Code text: "may refuse to renew an agreement only for due cause." Source: 25 Del. C. § 7024 (https://delcode.delaware.gov/title25/c070/sc03/index.html), last checked 2026-10-16.

Question 31

What is the domestic violence early termination rule in Delaware?

Accepted Answer

A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from domestic violence, may end the tenancy on 30 days' written notice starting the first of the next month. Code text: "Upon 30 days’ written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated." Source: 25 Del. C. § 5314(b)(6) (https://delcode.delaware.gov/title25/c053/index.shtml), last checked 2026-10-16.

Question 32

What is the scra / military lease termination rule in Delaware?

Accepted Answer

A tenant who enters active-duty U.S. military service after signing the lease may end the tenancy on 30 days' written notice starting the first of the next month. Code text: "Upon 30 days’ written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated." Source: 25 Del. C. § 5314(b)(5) (https://delcode.delaware.gov/title25/c053/index.shtml), last checked 2026-10-16.

Question 33

What is the military lease termination (federal scra, all states) rule in Delaware?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after." Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) (https://uscode.house.gov/download/releasepoints/us/pl/119/121/htm_usc50@119-121.zip), last checked 2026-10-16.

Question 34

What is the pet deposits/fees & service/esa animals rule in Delaware?

Accepted Answer

Pet deposits are capped at one month's rent, and no pet deposit may be charged for a certified, trained support animal of a disabled resident. Statute text: "No landlord may require a pet deposit in excess of 1 month’s rent, regardless of the duration of the rental agreement" (25 Del. C. § 5514(i)(2)). Source: 25 Del. C. § 5514(i)(2) (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-16.

Question 35

What is the guest & occupancy limits rule in Delaware?

Accepted Answer

The state landlord-tenant statute (25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code), read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply. Source: 25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code) (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-16.

Question 36

Does a landlord need just cause to evict in Delaware?

Accepted Answer

The state landlord-tenant statute (25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code), read in full on 2026-10-16) has no provision on a general just-cause (good-cause) requirement for ending a tenancy. Local ordinances or other state or federal laws may still apply. Source: 25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code) (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-16.

Question 37

What is the tenant buyout disclosures rule in Delaware?

Accepted Answer

The state landlord-tenant statute (25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply. Source: 25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59 (Residential Landlord-Tenant Code) (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-16.

Question 38

What is the rental / transient occupancy tax rule in Delaware?

Accepted Answer

Delaware imposes an 8% state lodging tax on the rent for occupancy of hotel, motel or tourist-home rooms. Statute text: "There is imposed and assessed an excise tax at the rate of 8% of the rent upon every occupancy of a room or rooms in a hotel, motel or tourist home within this State" (30 Del. C. § 6102(a)). Source: 30 Del. C. § 6102(a) (https://delcode.delaware.gov/title30/c061/sc01/index.html), last checked 2026-10-16.

Question 39

What is the property manager licensing rule in Delaware?

Accepted Answer

Delaware exempts property-management services (supervising maintenance and finances, collecting rent, holding deposits) from the real estate license requirement. But a property manager may not lease or rent property, or negotiate leases, for others without a real estate license. Statute text: "A provider of property management services as defined in § 2902 of this title excepting that a provider of property management services shall not directly or indirectly sell or offer to sell, buy or offer to buy, negotiate the purchase, sale, or exchange of real estate, lease or rent or offer for lease or rent any real estate, or negotiate leases or rental agreements thereof or of the improvements thereon for others" (24 Del. C. §§ 2901(e)(5), 2902). Source: 24 Del. C. §§ 2901(e)(5), 2902 (https://delcode.delaware.gov/title24/c029/sc01/index.html), last checked 2026-10-16.

Question 40

Can a landlord deny a tenant for criminal or credit history in Delaware?

Accepted Answer

Delaware's Residential Landlord-Tenant Code (25 Del. C. chs. 51, 53, 54, 55, 56, 57 and 59, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply. Source: 25 Del. C. chs. 51, 53–57, 59 (https://delcode.delaware.gov/title25/c053/index.html), last checked 2026-10-16.

Delaware landlord-tenant law FAQ