Rent increases in Delaware

A landlord who renews with a higher rent must give at least 60 days' written notice before the lease expires, stating the new rent and effective date (§ 5107). Month-to-month tenancies need 60 days' written notice counted from the first day of the month after notice (§ 5106(d)). Unless the tenant gives notice to end at least 45 days before the term ends, the new terms are deemed accepted. (25 Del. C. §§ 5106(d), 5107)

• The notice must be in writing.
• The change can only start at the end of a rental period (on a rent day).

Earliest date the new rent can start, with rent due on the 1st, worked out from the Delaware rule above:

• For a month-to-month tenant of 1 year raising rent 5% or a month-to-month tenant of 3 years raising rent 12%: Friday, January 1, 2027

No Delaware statute addresses raising rent during a fixed term; changes are made at renewal under § 5107.

No Delaware statute authorizes or bars local rent control.

Demanding a rent increase after a good-faith code complaint, a government code notice, organizing or being an officer of a tenants' organization, or the tenant pursuing a legal right is retaliation. An increase within 90 days of such an act is presumed retaliatory. It is a defense if the increase follows a substantial tax/operating-cost rise or capital improvement at least 4 months earlier and is pro-rated, or matches rents for similar units in the complex. The 3-months'-rent-or-treble-damages remedy covers tenants the landlord tried to evict or force out. (25 Del. C. § 5516)

• If the tenant rejects the renewal terms, the notice works as a termination notice (§ 5107(c)).
• § 5107 does not apply where rent is income-based under HUD rules.
• Manufactured-home lot rents follow separate rent-justification rules (25 Del. C. ch. 70; SB 235 of 2026 removed their sunset).

Security deposit

One month's rent for leases of one year or more, and for month-to-month or open-ended tenancies once they have lasted a year (excess must be credited back). No limit for furnished units. A separate pet deposit of up to one month's rent is allowed (none for a certified support animal). Return deadline: 20 days after the tenancy terminates.

Tenant's notice to move out

Varies (see rule)

Notice for unpaid rent

7 days (pay or move out)

How a written notice is delivered (eviction-notice rules)

Personally on the tenant, or by leaving a copy at the rental unit with an adult who lives there; or by registered, certified or first-class mail (with certificate of mailing) to the tenant at the unit; or by posting on the unit combined with a mailing receipt; or by a court-appointed special process server (25 Del. C. § 5113).

Notice for other lease violations

7 days (fix it or move out)

Small claims court limit

$25,000 — where most deposit and rent disputes are filed.

Repairs

Time to repair: 30 days; urgent: 48 hours. Repair and deduct: allowed with limits; withholding rent: allowed with limits.

Deposit kept wrongly

Failing to return the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld. Not disclosing the account location within 20 days of a written request, or not using a proper bank, forfeits the deposit.

Lawful reasons to end a lease early

Domestic violence, sexual assault or stalking; Other; Age, illness or disability; Unit unlivable or landlord fails to repair

• 25 Del. C. ch. 51, subch. I (§§ 5106–5108) Retrieved October 15, 2026.
• 25 Del. C. ch. 55 (§ 5516) Retrieved October 15, 2026.
• Delaware DOJ, Summary of the Residential Landlord-Tenant Code Retrieved October 15, 2026.

Laws change. This page was checked against the sources above on October 15, 2026. It is legal information, not legal advice; for a dispute, contact your state's legal aid. See our methodology.