10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: One month's rent where the rental agreement is for one year or more, and for primary-residential month-to-month/indefinite-term tenancies that have lasted one year or more (excess must be credited back). No cap for shorter fixed terms. Pet deposits are separately capped at one month's rent (§ 5514(i)). (25 Del. C. § 5514(a), confirmed 2026-10). Returning the deposit: Within 20 days after termination or expiration of the rental agreement, deliver an itemized list of damages with estimated repair costs and tender the balance of the deposit. Failure to remit within 20 days entitles the tenant to double the amount wrongfully withheld (§ 5514(g)(1)). (25 Del. C. § 5514(f)–(g), confirmed 2026-10).
How Delaware treats the landlord's core obligations
Late fees: Late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed rent due date (effectively a 5-day grace period). (25 Del. C. § 5501(d), confirmed 2026-10). Application fees: Application fee capped at the greater of 10% of the monthly rent for the unit or $50. (25 Del. C. § 5514(d), confirmed 2026-10).
Nonpayment notice: Written demand for past-due rent giving the tenant not less than 7 days after the notice was given or sent to pay before the landlord may file a summary possession action. (25 Del. C. § 5502(a), confirmed 2026-10). Rent increases: Landlord must give a minimum of 60 days' written notice before the expiration of the rental agreement of any amended terms relating to term length, security deposit or rent; the tenant may then terminate instead. No statewide rent cap. (25 Del. C. § 5107, confirmed 2026-10). Ending a month-to-month tenancy: Either party may terminate a month-to-month tenancy on a minimum of 60 days' written notice; the 60 days begin on the first day of the month following actual notice. (25 Del. C. § 5106, confirmed 2026-10). Entry: At least 48 hours' notice of intent to enter; entry only between 8:00 a.m. and 9:00 p.m., except in an emergency (any time). (25 Del. C. § 5509(b), confirmed 2026-10).
Delaware has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What Delaware allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
One month's rent where the rental agreement is for one year or more, and for primary-residential month-to-month/indefinite-term tenancies that have lasted one year or more (excess must be credited back). No cap for shorter fixed terms. Pet deposits are separately capped at one month's rent (§ 5514(i)).
“No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more. ... No landlord may require a pet deposit in excess of 1 month's rent, regardless of the duration of the rental agreement.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “1× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
Within 20 days after termination or expiration of the rental agreement, deliver an itemized list of damages with estimated repair costs and tender the balance of the deposit. Failure to remit within 20 days entitles the tenant to double the amount wrongfully withheld (§ 5514(g)(1)).
“Within 20 days after the termination or expiration of any rental agreement ... shall entitle the tenant to double the amount wrongfully withheld.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “20 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
A separate pet deposit is expressly authorized, capped at one month's rent regardless of lease length, in addition to the general security deposit; no pet deposit may be required for a certified, trained support animal of a disabled resident.
“No landlord may require a pet deposit in excess of 1 month's rent, regardless of the duration of the rental agreement.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Delaware lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
Late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed rent due date (effectively a 5-day grace period).
“such late charge shall not exceed 5 percent of the monthly rent. The late charge shall not be imposed within 5 days of the agreed time for payment of rent.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Capped at 5% of monthly rent; 5 days grace”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
Application fee capped at the greater of 10% of the monthly rent for the unit or $50.
“A landlord may charge an application fee, not to exceed the greater of either 10 percent of the monthly rent for the rental unit or $50.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(d) No statewide statute either way: the Residential Landlord-Tenant Code neither caps rent increases nor preempts local rent control. The closest rule is procedural: on renewal with modified terms (including a rent increase) the landlord must give at least 60 days' written notice before the agreement expires (25 Del. C. § 5107(a)). Separate rent-justification rules apply only to manufactured-home communities (Title 25 ch. 70).
“the landlord shall give the tenant a minimum of 60 days' written notice prior to the expiration of the rental agreement”
Excerpt from the cited source as read on the date shown.
Chapters 51 and 55 searched; no provision limiting the amount of a rent increase and no local-preemption clause found. Manufactured-home rent justification (HB 212 / HS 2, 2024) not reviewed.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Delaware requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
Landlord must give a minimum of 60 days' written notice before the expiration of the rental agreement of any amended terms relating to term length, security deposit or rent; the tenant may then terminate instead. No statewide rent cap.
“the landlord shall give the tenant a minimum of 60 days' written notice prior to the expiration of the rental agreement”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “60 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
Either party may terminate a month-to-month tenancy on a minimum of 60 days' written notice; the 60 days begin on the first day of the month following actual notice.
“the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days' written notice ... shall begin on the first day of the month following the day of actual notice.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “60 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
Written demand for past-due rent giving the tenant not less than 7 days after the notice was given or sent to pay before the landlord may file a summary possession action.
“demand payment for the past due rent and notify the tenant in writing that unless payment is made ... to be not less than 7 days after the date notice was given or sent ... the landlord may file a court action to terminate the rental agreement”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “5 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Delaware landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
At least 48 hours' notice of intent to enter; entry only between 8:00 a.m. and 9:00 p.m., except in an emergency (any time).
“The landlord shall give the tenant at least 48 hours' notice of landlord's intent to enter,”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “48 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Delaware next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
No statewide cap (reasonableness standard); 5 days grace
No statewide cap (reasonableness standard)
Rent-increase notice
60 days
60 days
30 days
30 days
Non-emergency entry notice
48 hours
Reasonable notice
Reasonable notice
Reasonable notice
Pay-or-quit notice
5 days
10 days
3 days
10 days
Source-of-income protection
No statewide protection on file
Protected statewide
Protected statewide
No statewide protection on file
Card surcharges on rent
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for Delaware. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Landlord-Tenant Code summary
Official sources
Primary sources a Delaware landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Delaware?
One month's rent where the rental agreement is for one year or more, and for primary-residential month-to-month/indefinite-term tenancies that have lasted one year or more (excess must be credited back). No cap for shorter fixed terms. Pet deposits are separately capped at one month's rent (§ 5514(i)). (25 Del. C. § 5514(a), confirmed 2026-10).
How long does a Delaware landlord have to return the security deposit?
Within 20 days after termination or expiration of the rental agreement, deliver an itemized list of damages with estimated repair costs and tender the balance of the deposit. Failure to remit within 20 days entitles the tenant to double the amount wrongfully withheld (§ 5514(g)(1)). (25 Del. C. § 5514(f)–(g), confirmed 2026-10).
What is the maximum late fee in Delaware?
Late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed rent due date (effectively a 5-day grace period). (25 Del. C. § 5501(d), confirmed 2026-10).
How many days does a Delaware pay-or-quit notice give the tenant?
Written demand for past-due rent giving the tenant not less than 7 days after the notice was given or sent to pay before the landlord may file a summary possession action. (25 Del. C. § 5502(a), confirmed 2026-10).
How much notice must a Delaware landlord give before entering?
At least 48 hours' notice of intent to enter; entry only between 8:00 a.m. and 9:00 p.m., except in an emergency (any time). (25 Del. C. § 5509(b), confirmed 2026-10).
How much notice is required to raise rent in Delaware?
Landlord must give a minimum of 60 days' written notice before the expiration of the rental agreement of any amended terms relating to term length, security deposit or rent; the tenant may then terminate instead. No statewide rent cap. (25 Del. C. § 5107, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Delaware?
Either party may terminate a month-to-month tenancy on a minimum of 60 days' written notice; the 60 days begin on the first day of the month following actual notice. (25 Del. C. § 5106, confirmed 2026-10).
Does Delaware have statewide rent control?
No statewide rent regulation is on file for Delaware. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Delaware?
No statewide source-of-income protection is on file for Delaware, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Delaware landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.