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Delaware Landlord-Tenant Laws 2026

Security deposit limits, notice requirements, eviction process, late fees, and more for Delaware landlords. All citations reference actual Delaware statutes.

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Disclaimer: This information is provided for general educational purposes only and is not legal advice. Laws change frequently. Always verify current statutes with your state legislature or consult a licensed attorney before making legal decisions.
Security DepositNotice PeriodEvictionLate FeeLease TerminationRent IncreaseHabitabilityLandlord EntryFair Housing
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Security Deposit Rules

Del. Code tit. 25, § 5514
Security deposit limited to 1 month rent for leases of 1+ year. Must be returned within 20 days. Landlord must hold deposit in escrow. Failure to return allows tenant to recover double.
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Notice Period Requirements

Del. Code tit. 25, § 5106
Month-to-month requires 60 days written notice from either party. Lease violation: 7 days notice for non-payment.
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Eviction Process

Del. Code tit. 25, § 5502
Nonpayment: 5-day notice to pay. If unpaid, landlord files summary possession. Lease violation: 7-day notice to cure. Court process required.
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Late Fee Rules

Del. Code tit. 25, § 5501
Late fee cannot exceed 5% of monthly rent. Landlord must wait 5 days past due date before charging late fee (5-day grace period required).
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Lease Termination

Del. Code tit. 25, § 5106
Fixed-term ends per lease. Month-to-month: 60 days notice. Early termination for military, domestic violence with protection order, or if unit fails to meet codes.
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Rent Increase Rules

Del. Code tit. 25, § 5501
No rent control. Rent increases require 60 days notice for month-to-month tenancies. Cannot increase during fixed-term lease unless lease permits.
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Habitability Standards

Del. Code tit. 25, § 5305
Landlord must maintain premises in compliance with building and housing codes, keep common areas safe, provide running water, heat, and maintain plumbing/electrical systems.
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Landlord Entry Rules

Del. Code tit. 25, § 5509
Landlord must give at least 48 hours notice before entry. Entry between 8am-9pm only. Emergency entry without notice. Tenant may not unreasonably withhold consent.
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Fair Housing Protections

Del. Code tit. 6, § 4603
Delaware Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, and gender identity.
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