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    Delaware Residential Lease Agreement

    Delaware caps most security deposits at 1 month's rent (4 exceptions apply), and requires its return within 20 days after the lease ends.

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    Delaware lease rules at a glance

    Key Delaware rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 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)
    Late fees5% of rent · grace period: 5 days25 Del. C. § 5501(d)
    Landlord entry notice48 hours' notice25 Del. C. § 5509(b)
    Ending a month-to-month lease60 days (either side)25 Del. C. § 5106(c)–(d)
    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
    Rent controlNo statewide rent control25 Del. C. ch. 51 and ch. 55 (Residential Landlord-Tenant Code; no rent-limit provision), 25 Del. C. §§ 7050-7055 (Manufactured home communities: Rent Increase Justification)
    Eviction notice 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

    Delaware lease disclosures checklist

    Every written lease must prominently list the names and business addresses of the owners or their resident agents (and anyone deemed a landlord), the tenant gets a free copy of the lease, and a new tenant must receive the Attorney General's summary of the Landlord-Tenant Code at the start of the term (25 Del. C. §§ 5105, 5118). (25 Del. C. §§ 5105, 5118, 40 CFR 745.107)

    • Lead-based paint disclosure, lead warning statement and EPA pamphlet — Housing built before 1978 (unless exempt under 40 CFR 745.101)42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
    • Names and usual business addresses of the owners or their resident agents, and of anyone deemed a landlord under § 5141 — Prominently on every written rental agreement; on demand for oral agreements25 Del. C. § 5105(a)-(b)
    • Free copy of the written rental agreement — Written rental agreements25 Del. C. § 5105(b)
    • Attorney General's Summary of the Delaware Residential Landlord-Tenant Code — To each new tenant at the beginning of the rental term25 Del. C. § 5118

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    Before you sign in Delaware

    Deposit cap exceptions in Delaware
    One month's rent for leases of one year or more, and for month-to-month or open-ended tenancies once they have lasted one year; no cap for furnished units; separate pet deposit up to one month's rent 25 Del. C. § 5514(a), (i); § 5514A(d)
    • Furnished rental units (no statutory cap): no cap
    • Month-to-month or no-fixed-term tenancy during its first year (no cap; excess over one month must be credited back after one year): no cap
    • Fixed-term lease shorter than one year (statute sets no cap): no cap
    • Additional pet deposit (not allowed for a certified service/support animal): up to 1 month's rent
    If a deposit is withheld wrongly
    A landlord who does not return the deposit or balance within 20 days owes the tenant double the amount wrongfully withheld (25 Del. C. § 5514(g)(1)). (25 Del. C. § 5514(g))
    Deductions from the deposit
    A landlord keeping any of the deposit must give an itemized list of damages with estimated repair costs within 20 days, or is treated as acknowledging that nothing is owed (25 Del. C. § 5514(f)). (25 Del. C. § 5514(f))
    Interest on the deposit
    Delaware law does not require landlords to pay interest on security deposits, but deposits must be held in a separate escrow account at a federally insured bank with an office in Delaware (25 Del. C. § 5514(b)). (25 Del. C. § 5514(b) (escrow account; silent on interest))
    Rent control and increases
    Delaware has no rent control on apartments or houses, so rent can be raised at renewal subject to the 60-day notice rule; only manufactured-home community lot rents above an inflation-based amount must be justified under a separate law (25 Del. C. ch. 51, ch. 55; 25 Del. C. §§ 7050-7055). (25 Del. C. ch. 51 and ch. 55 (Residential Landlord-Tenant Code; no rent-limit provision), 25 Del. C. §§ 7050-7055 (Manufactured home communities: Rent Increase Justification))
    If rent goes unpaid
    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), SS 1 for SB 116 (85 Del. Laws c. 436), effective Sept. 1, 2026)
    • 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).

    Delaware lease FAQs

    How much can a landlord charge for a security deposit in Delaware?

    For leases of one year or more, landlords may not require a security deposit above one month's rent, and month-to-month tenants must be credited any excess over one month after a year; furnished units are exempt (25 Del. C. § 5514(a)) (25 Del. C. § 5514(a), (i); § 5514A(d)).

    How long does a Delaware landlord have to return a security deposit?

    Landlords must return the deposit, or send an itemized list of damages with any balance, within 20 days after the lease ends or terminates (25 Del. C. § 5514(e), (f)) (25 Del. C. § 5514(e), (f), (h)).

    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)). 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 before entering a rental?

    Give the tenant at least 48 hours' notice before entering, and enter only between 8 a.m. and 9 p.m., unless the tenant asked for the repair or there is an emergency (25 Del. C. § 5509(b)).

    How much notice ends a month-to-month tenancy in Delaware?

    Either side may end a month-to-month tenancy with at least 60 days' written notice, counted from the first day of the month after the notice is given (25 Del. C. § 5106(d)) (25 Del. C. § 5106(c)–(d)).

    What disclosures does a Delaware lease need?

    Every written lease must prominently list the names and business addresses of the owners or their resident agents (and anyone deemed a landlord), the tenant gets a free copy of the lease, and a new tenant must receive the Attorney General's summary of the Landlord-Tenant Code at the start of the term (25 Del. C. §§ 5105, 5118). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet, Names and usual business addresses of the owners or their resident agents, and of anyone deemed a landlord under § 5141, Free copy of the written rental agreement and Attorney General's Summary of the Delaware Residential Landlord-Tenant Code.

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