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    Delaware Late Fee Law

    Delaware caps residential late fees at 5% of rent. State law requires a grace period of 5 days before a late fee can be charged.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Delaware late fee law at a glance

    Late-fee cap5% of rent25 Del. C. § 5501(d)
    Grace period5 days25 Del. C. § 5501(d)
    Notice before filing for unpaid rent7 days (7-day notice to pay rent)25 Del. C. § 5502(a), (c)-(d), SS 1 for SB 116 (85 Del. Laws c. 436), effective Sept. 1, 2026

    Notice before filing for unpaid rent

    • In effect since .
    • Before : The demand notice had to give the tenant at least 5 days to pay before the landlord could file (25 Del. C. § 5502(a) before SS 1 for SB 116).

    What Delaware law says

    Is there a limit on late fees in Delaware?

    If the lease provides for a late charge, it may not exceed 5% of the monthly rent (25 Del. C. § 5501(d)).

    Does Delaware require a grace period before a late fee?

    A late charge may not be imposed within 5 days after rent is due, and the due date moves 3 days later if the landlord has no office in the unit's county where rent can be paid (25 Del. C. § 5501(d)).

    How much notice must a Delaware landlord give for unpaid rent?

    Once the 5-day late-fee grace period has passed, a landlord may demand the past-due rent in writing and, since Sept. 1, 2026, must give the tenant at least 7 days after the notice to pay before filing for summary possession; full payment before filing ends the case (25 Del. C. § 5502(a), (c)) (25 Del. C. § 5502(a), (c)-(d)).

    How Delaware compares

    20 of 51 verified jurisdictions cap late fees by statute. 4 require a longer grace period than 5 days.

    None of Delaware's 3 neighbors follows the same rule.

    Late-fee cap · grace periodStates
    5% of rent · 5 daysDelaware
    Statutory formula · noneMaryland
    No state cap · 5 daysNew Jersey
    No state cap · nonePennsylvania

    Other Delaware rules

    Security deposit limit1 month's rent (with exceptions)25 Del. C. § 5514(a), (i); § 5514A(d)
    Deposit return deadline20 days after the lease ends25 Del. C. § 5514(e), (f), (h)
    Entry notice48 hours' notice25 Del. C. § 5509(b)
    Rent-increase notice60 days (Notice must specify the new rent or deposit and effective date; a tenant who does not give notice of termination at least 45 days before the term ends is deemed to accept. Not applicable where rent is income-based under HUD rules)25 Del. C. § 5107
    Month-to-month termination60 days (either side)25 Del. C. § 5106(c)–(d)

    Read the Delaware law

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