Renting in Delaware
Your rights as a tenant in Delaware
In Delaware, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Delaware
- Maximum deposit
- Up to 1 month of rent
- 25 Del. C. §5514(a)(2)-(4)
- Notice of a rent increase
- 60 days
- 25 Del. C. §5107(a), (d)
What the law says
The rules, one by one
The basic rules for renting in Delaware, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
In Delaware, if your rental agreement is for 1 year or more, the landlord cannot require a security deposit of more than 1 month's rent. If you rent month to month or with no set term, the same limit applies once you have rented for 1 year: the landlord must credit you any amount above 1 month's rent. These limits do not apply to furnished units.
What the law says · 25 Del. C. §5514(a)(2)-(4)
“No landlord may require a security deposit in excess of 1 month’s rent where the rental agreement is for 1 year or more. (3) No landlord may require a security deposit in excess of 1 month’s rent (with the exception of federally-assisted housing regulations), for primary residential tenancies of undefined terms or month to month where the tenancy has lasted 1 year or more. After the expiration of 1 year, the landlord shall immediately return, as a credit to the tenant, any security deposit amount in excess of 1 month’s rent, including such amount which when combined with the amount of any surety bond is in excess of 1 month’s rent. (4) The security deposit limits set forth above shall not apply to furnished rental units.”
Source: Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code) · Verified on October 24, 2026
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Are there limits on late fees?
The landlord can charge a late fee only if your rental agreement says so. The fee cannot be more than 5% of the monthly rent and cannot be charged within 5 days of the due date. The late fee counts as rent. If the landlord has no office or fixed place to take payments in the county where the home is, you get 3 more days to pay.
What the law says · 25 Del. C. §5501(d)
“Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent. A late charge is considered as additional rent for the purposes of this Code. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid. Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date.”
Source: Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code) · Verified on October 24, 2026
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How much notice before a rent increase?
60 days
If the landlord wants to renew your rental agreement with changes, such as a different rent, they must give you written notice at least 60 days before the agreement ends. The notice must state the new rent and the date it starts. This rule does not apply if your rent is based on your income under HUD rules.
What the law says · 25 Del. C. §5107(a), (d)
“(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect. … (d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant’s rent and security deposit are a function of the tenant’s income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD)”
Source: Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code) · Verified on October 31, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
The landlord cannot remove you or keep you out of your home without a valid court order. If the landlord does, you can get the home back or end the rental agreement. You can also recover three times your damages, or 3 times the daily rent for the days you were kept out, whichever is greater, plus the costs of the case but not attorneys' fees.
What the law says · 25 Del. C. §5313
“If removed from the premises or excluded therefrom by the landlord or the landlord’s agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental agreement. The tenant may also recover treble the damages sustained or an amount equal to 3 times the per diem rent for the period of time the tenant was excluded from the unit, whichever is greater, and the costs of the suit excluding attorneys’ fees.”
Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code)
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Protection from retaliation
Yes: state law says so
The landlord may not retaliate against you. The landlord may not seek your eviction, try to make you leave, raise your rent or cut services because you complained in good faith (to the landlord or an agency) about a housing code violation, because a government agency filed a notice of that violation, because you organized or lead a tenants' organization, or because you used a legal right that comes from your tenancy. If you prove the landlord did one of these things within 90 days of your complaint or action, the law presumes it is retaliation.
What the law says · 25 Del. C. §5516(a)-(c)
“Retaliatory acts are prohibited. (b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent from the tenant; or decrease services to which the tenant is entitled after: (1) The tenant has complained in good faith of a condition in or affecting the rental unit which constitutes a violation of a building, housing, sanitary or other code or ordinance to the landlord or to an authority charged with the enforcement of such code or ordinance; or (2) A state or local government authority has filed a notice or complaint of such violation of a building, housing, sanitary or other code or ordinance; or (3) The tenant has organized or is an officer of a tenant’s organization; or (4) The tenant has pursued or is pursuing any legal right or remedy arising from the tenancy. (c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.”
Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code)
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Repair and deduct from the rent
Yes: state law says so
If the landlord does not make repairs or upkeep that are the landlord's duty, you can notify the landlord in writing. If the problem is not fixed within 30 days, or the landlord does not start reasonable steps (such as getting an estimate) within 10 days of getting your notice, you can do or have the work done in a professional way. Then you can deduct a reasonable amount from rent, up to $400 or half a month's rent, whichever is less, by giving the landlord copies of the receipts.
What the law says · 25 Del. C. §5307(a)
“If the landlord of a rental unit fails to repair, maintain or keep in a sanitary condition the leased premises or perform in any other manner required by statute, code or ordinance, or as agreed to in the a rental agreement; and, if after being notified in writing by the tenant to do so, the landlord: (1) Fails to remedy such failure within 30 days from the receipt of the notice; or (2) Fails to initiate reasonable corrective measures where appropriate, including, but not limited to, the obtaining of an estimate of the prospective costs of the correction, within 10 days from the receipt of the notice; Then the tenant may immediately do or have done the necessary work in a professional manner. After the work is done, the tenant may deduct from the rent a reasonable sum, not exceeding $400, or 1/2 of 1 month’s rent, whichever is less, for the expenditures by submitting to the landlord copies of those receipts covering at least the sum deducted.”
Delaware General Assembly – Delaware Code Online (Title 25, Residential Landlord-Tenant Code)
Eviction
How an eviction works in Delaware
Step by step, with the time periods the law sets. No landlord can skip the court.
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Landlord files the complaint for summary possession in the Justice of the Peace Court
What the law says · 25 Del. C. §5704(a)
“The proceeding shall be commenced by filing a complaint for possession with the court.”
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Service of the complaint and notice of hearing
5 to 30 days
What the law says · 25 Del. C. §5705(a)
“The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard.”
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Eviction diversion mediation (mandatory for the landlord)
up to 15 calendar days
What the law says · 25 Del. C. §5702A(c)(1)
“A trial may not commence until the landlord has engaged in mediation, except in cases where a tenant fails to engage in mediation within 15 calendar days after service of process.”
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Hearing: appear and answer
What the law says · 25 Del. C. §5709
“At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing.”
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Trial (if adjourned)
up to 10 days
What the law says · 25 Del. C. §5710
“At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties.”
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Judgment
What the law says · 25 Del. C. §5711(a)
“The court shall enter a final judgment determining the rights of the parties.”
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Constable or sheriff executes the writ after at least 24 hours' notice
at least 1 day
What the law says · 25 Del. C. §5715(b)
“The officer to whom the writ of possession is directed and delivered shall give at least 24 hours’ notice to the person or persons to be removed and shall execute it between the hours of sunrise and sunset.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The Delaware Division of Human and Civil Rights takes housing discrimination complaints. You have one (1) year from the date you believe you were discriminated against to file. The page says all persons have equal opportunity and equal access to live wherever they choose, if qualified, regardless of race, age, marital status, creed, color, sex, religion, national origin, familial status, gender identity, sexual orientation, disability, housing status, military status and source of income.
Delaware Division of Human and Civil Rights- Delaware Courts – Landlord/Tenant self-help (how to file and defend a summary possession action)courts.delaware.gov
- Delaware Justice of the Peace Court – Landlord/Tenant and eviction diversion programcourts.delaware.gov
- Delaware Justice of the Peace Court – Right of Redemptioncourts.delaware.gov
- Delaware Courts – Formscourts.delaware.gov
- Delaware Courts – Legal assistance (Spanish page)courts.delaware.gov
- Delaware Legal Help Link (check if you qualify for free legal help)delegalhelplink.org
- Community Legal Aid Society, Inc. (CLASI)declasi.org
- Legal Services Corporation of Delaware, Inc. (LSCD)lscd.com
- Delaware Volunteer Legal Services (DVLS)dvls.org
Frequently asked questions
How much can a landlord charge for a deposit in Delaware?
In Delaware, if your rental agreement is for 1 year or more, the landlord cannot require a security deposit of more than 1 month's rent. If you rent month to month or with no set term, the same limit applies once you have rented for 1 year: the landlord must credit you any amount above 1 month's rent. These limits do not apply to furnished units. (25 Del. C. §5514(a)(2)-(4))
Are there limits on late fees in Delaware?
The landlord can charge a late fee only if your rental agreement says so. The fee cannot be more than 5% of the monthly rent and cannot be charged within 5 days of the due date. The late fee counts as rent. If the landlord has no office or fixed place to take payments in the county where the home is, you get 3 more days to pay. (25 Del. C. §5501(d))
How much notice before a rent increase in Delaware?
If the landlord wants to renew your rental agreement with changes, such as a different rent, they must give you written notice at least 60 days before the agreement ends. The notice must state the new rent and the date it starts. This rule does not apply if your rent is based on your income under HUD rules. (25 Del. C. §5107(a), (d))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Delaware rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- When must they return my deposit? Not verified yet
- If I fall behind on rent, what notice must I get? Not verified yet
- How much notice ends a month-to-month rental? Not verified yet
- Protection related to immigration status Not verified yet