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

For leases of one year or more, the security deposit may not exceed one month's rent. (Del. Code tit. 25, § 5514) The deposit must be accounted for within 20 days after the tenancy ends (Del. Code tit. 25, § 5514).

Is there a limit on late fees in Delaware?

A late fee may not exceed 5% of the monthly rent and may not be charged until rent is 5 days overdue. (Del. Code tit. 25, § 5501(d))

How much notice must a landlord give before entering a rental in Delaware?

Landlord must give at least 48 hours' notice before entering, except in an emergency. (Del. Code tit. 25, § 5509)

How do you end a month-to-month tenancy in Delaware?

Either party must give at least 60 days' written notice to end a month-to-month tenancy. (Del. Code tit. 25, § 5106)

What happens if a tenant does not pay rent in Delaware?

Tenant has 5 days to pay rent or vacate before the landlord may file for possession. (Del. Code tit. 25, § 5502) The case is filed as a summary possession in Justice of the Peace Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in Delaware?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. Delaware tenancies are governed by the Delaware Residential Landlord-Tenant Code, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Delaware with the statutory citations printed in it.

Delaware Residential Lease Agreement

A lease that works in the State of Delaware has to respect the Delaware Residential Landlord-Tenant Code: a security deposit capped at one month's rent, accounted for within 20 days of move-out, and late fees limited to 5% of the rent. Below is every number that governs a Delaware tenancy, with the statute it comes from.

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Delaware rental law at a glance

Each row is the rule Landy applies when it builds a Delaware lease. The citation is printed in the finished document too, so a tenant can check it.

Delaware landlord-tenant rules with statutory citations
Rule	Delaware	Citation
Security deposit limit	one month's rentFor leases of one year or more, the security deposit may not exceed one month's rent.	Del. Code tit. 25, § 5514
Deposit return deadline	20 daysLandlord must return the deposit or an itemized list of deductions within 20 days after termination.	Del. Code tit. 25, § 5514
Interest on deposits	Not requiredDelaware does not require interest on security deposits held in the ordinary case.	Del. Code tit. 25, § 5514
Late fee limit	5% of the rentA late fee may not exceed 5% of the monthly rent and may not be charged until rent is 5 days overdue.	Del. Code tit. 25, § 5501(d)
Grace period before rent is late	5 daysRent carries a 5-day statutory grace period before a late fee may be charged.	Del. Code tit. 25, § 5501(d)
Notice to pay or quit	5 daysTenant has 5 days to pay rent or vacate before the landlord may file for possession.	Del. Code tit. 25, § 5502
Time to cure a lease violation	7 daysTenant generally has 7 days to remedy a curable lease violation.	Del. Code tit. 25, § 5513
Ending a month-to-month tenancy	60 days' noticeEither party must give at least 60 days' written notice to end a month-to-month tenancy.	Del. Code tit. 25, § 5106
Notice before landlord entry	48 hoursLandlord must give at least 48 hours' notice before entering, except in an emergency.	Del. Code tit. 25, § 5509

Disclosures a Delaware lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Summary of the Residential Landlord-Tenant Code
Landlord has provided Tenant with a copy of the summary of the Delaware Residential Landlord-Tenant Code prepared by the Consumer Protection Unit of the Attorney General's Office.
Del. Code tit. 25, § 5118

If things go wrong in Delaware

Where eviction is filed

Justice of the Peace Court, as a summary possession.

Governing law

Delaware Residential Landlord-Tenant Code, cited from the Delaware Code.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

Delaware lease questions, answered

How much can a landlord charge for a security deposit in Delaware?: For leases of one year or more, the security deposit may not exceed one month's rent. (Del. Code tit. 25, § 5514) The deposit must be accounted for within 20 days after the tenancy ends (Del. Code tit. 25, § 5514).
Is there a limit on late fees in Delaware?: A late fee may not exceed 5% of the monthly rent and may not be charged until rent is 5 days overdue. (Del. Code tit. 25, § 5501(d))
How much notice must a landlord give before entering a rental in Delaware?: Landlord must give at least 48 hours' notice before entering, except in an emergency. (Del. Code tit. 25, § 5509)
How do you end a month-to-month tenancy in Delaware?: Either party must give at least 60 days' written notice to end a month-to-month tenancy. (Del. Code tit. 25, § 5106)
What happens if a tenant does not pay rent in Delaware?: Tenant has 5 days to pay rent or vacate before the landlord may file for possession. (Del. Code tit. 25, § 5502) The case is filed as a summary possession in Justice of the Peace Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in Delaware?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. Delaware tenancies are governed by the Delaware Residential Landlord-Tenant Code, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Delaware with the statutory citations printed in it.

Build a Delaware lease with these rules already in it.

Answer questions in plain English. Landy writes the Delaware lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes Delaware law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Delaware attorney review your lease before you rely on it.