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 cap | 5% of rent25 Del. C. § 5501(d) |
|---|---|
| Grace period | 5 days25 Del. C. § 5501(d) |
| Notice before filing for unpaid rent | 7 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 period | States |
|---|---|
| 5% of rent · 5 days | Delaware |
| Statutory formula · none | Maryland |
| No state cap · 5 days | New Jersey |
| No state cap · none | Pennsylvania |
Other Delaware rules
| Security deposit limit | 1 month's rent (with exceptions)25 Del. C. § 5514(a), (i); § 5514A(d) |
|---|---|
| Deposit return deadline | 20 days after the lease ends25 Del. C. § 5514(e), (f), (h) |
| Entry notice | 48 hours' notice25 Del. C. § 5509(b) |
| Rent-increase notice | 60 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 termination | 60 days (either side)25 Del. C. § 5106(c)–(d) |
Read the Delaware law
Put the late fee and grace period in writing
Related
- Delaware lease agreement
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