Delaware Rent Increase Law
Delaware requires at least 60 days' notice before a rent increase takes effect, and longer notice in some cases.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Delaware rent increase rules at a glance
| Notice of a rent increase | 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 |
|---|---|
| Rent control | No 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) |
| Ending a month-to-month tenancy | 60 days (either side)25 Del. C. § 5106(c)–(d) |
What Delaware law says
How much notice is required for a rent increase in Delaware?
To renew a tenancy at a higher rent, give the tenant written notice at least 60 days before the current term expires, stating the new rent and when it takes effect (25 Del. C. § 5107(a)).
Does Delaware have rent control?
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)).
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)).
How Delaware compares
3 of 51 verified jurisdictions require more than 60 days.
None of Delaware's 3 neighbors follows the same rule.
| Rent-increase notice | States |
|---|---|
| 60 days (more in some cases) | Delaware |
| 90 days (more in some cases) | Maryland |
| 30 days (more in some cases) | New Jersey |
| No statewide period | 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) |
| Late-fee cap | 5% of rent25 Del. C. § 5501(d) |
| Entry notice | 48 hours' notice25 Del. C. § 5509(b) |
| Notice 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 |
Read the Delaware law
Put the rent and renewal terms in writing
Related
- Delaware lease agreement
- Delaware landlord-tenant law
- Rent increase laws in every state
- Delaware notice to vacate
- Delaware late rent notice
- Delaware rent increase notice
- Delaware security deposit return letter
- Delaware notice of entry
- Delaware lease termination letter
- Delaware lease renewal letter
- Delaware pet addendum