Delaware
Delaware Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Delaware landlords may collect up to 1 month's rent as a security deposit on leases of one year or longer, and must return it within 20 days of move-out. Landlords must give 48 hours' notice before entering, and either party needs 60 days' notice to end a month-to-month tenancy.
Security deposits in Delaware
For leases of one year or longer, Delaware caps the security deposit at 1 month's rent. For a month-to-month or undefined-term tenancy, the same 1 month cap applies once the tenancy has lasted 1 year or more, and at that point the landlord must immediately credit back to the tenant any amount held above 1 month's rent. The statute sets no numeric ceiling for a month-to-month tenancy during its first year, and the caps do not apply to furnished rental units. The landlord must return the deposit (with an itemized written statement of deductions, if any) within 20 days after the tenancy terminates and the tenant vacates. Failure to return the deposit or provide the itemized statement within 20 days can expose the landlord to liability for double the wrongfully withheld amount under 25 Del. C. 5514.
| Detail | Rule |
|---|---|
| Deposit cap (lease 1 year or more) | 1 month's rent |
| Deposit cap (month-to-month) | 1 month's rent once the tenancy has lasted 1 year or more; no numeric cap stated for the first year |
| Furnished rental units | Caps do not apply |
| Return deadline | 20 days |
| Penalty for improper withholding | Double the withheld amount |
Permitted deductions include unpaid rent, damage beyond normal wear and tear, and costs the landlord incurred as a result of the tenant's breach. Under 25 Del. C. 5514(b), every security deposit must be placed in an escrow account at a federally insured banking institution with an office in Delaware that accepts deposits. That account must be designated as a security deposits account, the landlord may not use it in the operation of any business, and the landlord must disclose its location to the tenant. If the landlord fails to disclose the account location within 20 days of a written request, or never escrowed the deposit at all, 25 Del. C. 5514(g)(2) makes the deposit forfeit to the tenant, and the tenant is entitled to double the deposit if the full amount is not returned within 20 days of that forfeiture.
When can a landlord enter? Notice rules
Delaware requires landlords to give at least 48 hours' advance notice before entering a rental unit for non-emergency purposes. This covers inspections, repairs, showings to prospective tenants or buyers, and other routine visits. Under 25 Del. C. 5509(b), the landlord may enter only between 8:00 a.m. and 9:00 p.m. A tenant may waive the 48-hour notice for showings to prospective tenants or purchasers, but only in a separate signed document.
Emergency entry (such as a burst pipe, fire, or a condition that poses an immediate threat to the property or the tenant's health and safety) does not require advance notice. Landlords who enter without proper notice or for improper purposes may face claims under the Delaware Residential Landlord-Tenant Code. Tenants who feel their privacy is being violated should document incidents in writing and consult the Delaware Consumer Protection Unit.
Ending a lease: notice to vacate
Either a landlord or a tenant must give 60 days' written notice to terminate a month-to-month tenancy in Delaware. This is longer than the 30-day standard found in many states, so tenants and landlords should plan accordingly. The 60-day period does not run from the day the notice is handed over: under 25 Del. C. 5106(d), it begins on the first day of the month following the day of actual notice. A tenant who gives notice on the 10th of a month is therefore committed well beyond 60 days from that date, so count the deadline from the first of the following month, not from the date on the letter.
For fixed-term leases, the tenancy ends on the lease expiration date without additional notice. If both parties continue the tenancy after the lease expires without signing a new agreement, it typically converts to a month-to-month arrangement, and the 60-day rule applies going forward.
For eviction due to nonpayment of rent or a lease violation, different notice requirements apply. See the Delaware eviction notice page for the notice periods and procedures required for cause-based terminations.
Repairs and the warranty of habitability
Under 25 Del. C. 5305, Delaware landlords must maintain the rental unit in a fit and habitable condition throughout the tenancy. Specific duties include keeping the structure in safe repair, maintaining all plumbing, heating, electrical, and sanitary systems in good working order, keeping common areas reasonably clean and safe, and supplying running hot and cold water and adequate heat.
Delaware provides a repair-and-deduct remedy for certain habitability failures under 25 Del. C. 5307. After the tenant gives written notice, the remedy becomes available if the landlord either fails to remedy the problem within 30 days of receiving the notice or fails to initiate reasonable corrective measures within 10 days of receiving it. The tenant may then arrange for the repair and deduct a reasonable sum from rent, not exceeding $400 or one-half of one month's rent, whichever is less. A tenant who is delinquent in the payment of rent may not use this remedy, and it is limited to genuine habitability defects, not routine maintenance preferences. Tenants with serious habitability problems may also pursue rent escrow through the Justice of the Peace Court or report violations to local code enforcement.
Tenants should keep written records of every repair request, including the date sent, method (email or certified mail), and the landlord's response or lack of response. A clear paper trail is critical for any court proceeding and strengthens a rent-escrow or repair-and-deduct claim considerably.
Rent, late fees, and rent control
Delaware caps late fees at 5% of the monthly rent. A 5-day grace period applies: a landlord may not charge a late fee until at least 5 days after rent was due. These protections are set out in 25 Del. C. 5501.
Delaware has no statewide rent control and no municipalities with active rent-control ordinances. Landlords may set and increase rents at market rates. For a month-to-month tenancy, a landlord who intends to increase rent as part of a tenancy renewal should provide the 60-day termination notice along with the new proposed terms, giving the tenant the opportunity to accept or vacate.
If you have a landlord-tenant dispute in Delaware
If a landlord fails to return your deposit within 20 days, start by sending a written demand letter (certified mail) to the last known address. Keep photos, inspection records, and your move-out notice as evidence. Small claims matters (including deposit disputes) are handled by the Justice of the Peace Court, which is designed to be accessible without a lawyer.
For habitability or repair disputes, put all requests in writing, set a clear deadline, and keep copies. If the landlord fails to act within 30 days of your notice, or fails to start reasonable corrective measures within 10 days, you may pursue the repair-and-deduct remedy or file a complaint with local code enforcement. The Delaware Consumer Protection Unit (Department of Justice) handles complaints about deceptive landlord practices. Delaware Community Legal Aid (declasi.org) offers free or low-cost legal assistance to qualifying tenants statewide.
For eviction, retaliation, or discrimination claims, consult a licensed attorney. Delaware's anti-retaliation protections under 25 Del. C. 5516 prohibit landlords from increasing rent, reducing services, or threatening eviction because a tenant exercised a legal right.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages: Landlord-Tenant Laws by State (hub) | Delaware Eviction Notice | Delaware Squatters Rights
More Delaware Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Delaware?
20 days after the tenancy ends and you vacate. If the landlord withholds any amount, they must include an itemized written statement of deductions. Missing the deadline can expose the landlord to liability for double the wrongfully withheld amount.
What is the maximum security deposit in Delaware?
1 month's rent for leases of one year or longer. The same 1 month cap applies to a month-to-month tenancy once it has lasted a year or more, and the landlord must then credit back any excess. The statute states no numeric ceiling for a month-to-month tenancy during its first year, and the caps do not apply to furnished units. Separately, the deposit must be held in a Delaware escrow account, and failing to escrow it or to disclose the account location within 20 days of a written request forfeits the deposit to the tenant.
Does my landlord have to keep my deposit in a separate account in Delaware?
Yes. Under 25 Del. C. 5514(b), the deposit must go into an escrow account at a federally insured bank with an office in Delaware, the account must be designated as a security deposits account, and the landlord cannot use it in any business. The landlord must tell you where the account is. Failing to disclose the location within 20 days of a written request, or failing to escrow the money at all, forfeits the deposit to you, with double damages if it is not returned within 20 days of the forfeiture.
How much notice must a landlord give to enter in Delaware?
At least 48 hours' advance notice is required for non-emergency entry, and the landlord may enter only between 8:00 a.m. and 9:00 p.m. In a genuine emergency (fire, flooding, or immediate health or safety threat), the landlord may enter without prior notice.
How much notice is needed to end a month-to-month lease in Delaware?
60 days' written notice from either the landlord or the tenant. This is longer than the 30-day standard in most states. The 60-day period begins on the first day of the month following the day notice is actually given, so notice served in the middle of a month does not start the clock until the 1st.
Can a landlord raise rent in Delaware?
Yes. Delaware has no statewide rent control and no local rent-control ordinances. Landlords may raise rent to market rates. For month-to-month tenants, the landlord typically provides the rent increase with the 60-day notice of tenancy changes.
Can I withhold rent for repairs in Delaware?
Delaware allows a repair-and-deduct remedy under 25 Del. C. 5307. After you give written notice, the remedy opens up if the landlord fails to remedy the problem within 30 days or fails to initiate reasonable corrective measures within 10 days. You may then arrange the repair and deduct a reasonable sum from rent, up to $400 or one-half of one month's rent, whichever is less. You cannot use this remedy if you are delinquent in rent. For serious habitability failures, rent escrow through the Justice of the Peace Court is also available.
What are the late-fee rules in Delaware?
Late fees are capped at 5% of the monthly rent. There is a 5-day grace period: no late fee can be charged until at least 5 days after the rent due date.
Updates
Corrected the security deposit cap for month-to-month tenancies, added Delaware's escrow-account requirement and the forfeiture remedy for violating it, fixed the start date of the 60-day notice to end a month-to-month tenancy, repointed the repair-and-deduct remedy to 25 Del. C. 5307, and stated the statutory 8:00 a.m. to 9:00 p.m. entry window.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Delaware Code, Title 25 (Property), Chapter 055 (TENANT OBLIGATIONS AND LANDLORD REMEDIES)
§ 5514Security deposit.In force
(a) (1) A landlord may require the payment of security deposit. (2) 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. (b) 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. Such account shall be designated as a security deposits account and shall not be used in the operation of any business by the landlord.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at delcode.delaware.gov
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Sources and References
- Delaware Residential Landlord-Tenant Code, 25 Del. C. Title 25, Chapter 53(delcode.delaware.gov).gov
- Delaware Courts, Justice of the Peace(courts.delaware.gov).gov
- 25 Del. C. ch. 55, sections 5509 and 5514 (landlord access; security deposits, escrow account, and forfeiture)(delcode.delaware.gov)
- 25 Del. C. section 5106(d) (termination of a month-to-month rental agreement; the 60-day period begins the first day of the following month)(delcode.delaware.gov)