Landlord Guide to Renting in Delaware

Delaware requires all rental agreements for a term of one year or more to be in writing (25 Del. C. § 5106). Oral agreements are permitted for shorter terms but are difficult to enforce. Written leases should include the rent amount, payment due date, lease duration, security deposit terms, and the responsibilities of each party.

• Leases for one year or more must be in writing (25 Del. C. § 5106)
• Month-to-month tenancies arise when no lease term is specified or after a lease expires
• The lease must identify the landlord and provide a mailing address for notices (§ 5105)
• Lease provisions that waive tenants' rights under the Landlord-Tenant Code are void (§ 5301)

Under 25 Del. C. § 5514, the maximum security deposit is one month's rent for leases of one year or more. For month-to-month tenancies, there is no specific statutory cap but the deposit must be reasonable. Landlords must hold the deposit in an escrow account at a federally insured Delaware financial institution and must provide the tenant with the account location.

• Maximum deposit: one month's rent for leases of one year or longer (§ 5514)
• Deposit must be held in an escrow account at a federally insured institution in Delaware
• Landlord must notify the tenant in writing of the bank and account location
• No interest is required on security deposits unless held for a pet deposit (§ 5514)

Delaware landlords are required to provide specific disclosures at the start of a tenancy, including information about the property and the landlord's identity.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the owner and any authorized agent (25 Del. C. § 5105)
• Summary of the Delaware Landlord-Tenant Code or information on how to obtain it (§ 5105)
• Disclosure of any known bedbug infestation history (§ 5508)

Rent is due on the date specified in the lease. Delaware provides a statutory 5-day grace period — landlords may not charge a late fee until rent is more than 5 days overdue (25 Del. C. § 5501(b)). Late fees are capped at 5% of the monthly rent.

• Statutory 5-day grace period for rent payments (§ 5501(b))
• Late fees capped at 5% of the monthly rent (§ 5501(b))
• Landlords must provide a receipt for rent paid in cash upon request
• Returned check fees may be charged in accordance with state law

Landlords must maintain the premises in compliance with all applicable building and housing codes and in a fit and habitable condition (25 Del. C. § 5305). This includes maintaining structural components, plumbing, heating, electrical systems, and common areas. The warranty of habitability cannot be waived.

• Maintain the premises in fit and habitable condition (§ 5305)
• Comply with all applicable building, housing, and health codes
• Provide functioning plumbing, heating, hot water, and electrical systems
• Maintain common areas in a clean and safe condition

Delaware requires landlords to give at least 48 hours' notice before entering a rental unit for non-emergency purposes (25 Del. C. § 5509(b)). Entry must be at reasonable times and for reasonable purposes such as repairs, inspections, or showing the property.

• Minimum 48 hours' written notice required for non-emergency entry (§ 5509(b))
• Entry must occur at reasonable times
• Permitted purposes include repairs, inspections, and showing the unit
• No notice required in emergencies

Delaware has no statewide rent control. Landlords may increase rent at the end of a lease term by any amount. For month-to-month tenancies, landlords must provide at least 60 days' written notice before a rent increase takes effect (25 Del. C. § 5106).

• No state rent control — landlords may set rent at market rates
• 60 days' written notice required for rent increases on month-to-month tenancies (§ 5106)
• Rent increases cannot be retaliatory (§ 5516) or discriminatory
• During a fixed-term lease, rent cannot be raised unless the lease permits it

Delaware requires specific notice periods to terminate a tenancy. The required notice varies by tenancy type and reason for termination.

• Month-to-month tenancy: 60 days' written notice by either party (25 Del. C. § 5106)
• Fixed-term lease: terminates at the end of the lease term without additional notice
• Nonpayment of rent: 5-day notice to pay or vacate (§ 5502)
• Material lease violation: 7-day notice to remedy, or the lease terminates in 30 days (§ 5513)

Evictions in Delaware are handled through a summary possession action filed in the Justice of the Peace Court. The landlord must first serve the required notice and allow the notice period to expire before filing. The process is governed by 25 Del. C. § 5702 et seq.

• Serve the appropriate notice (5 days for nonpayment, 7 days for lease violations)
• File a summary possession complaint in the Justice of the Peace Court
• The court will schedule a hearing, typically within 15–20 days
• If the court rules for the landlord, a writ of possession is issued

Under 25 Del. C. § 5514, landlords must return the security deposit within 20 days after the tenant vacates. An itemized list of any deductions must be provided. If the landlord fails to return the deposit or provide an itemized statement, the landlord forfeits the right to withhold any portion and may owe double the deposit amount.

• Return deadline: 20 days after the tenant vacates the unit (§ 5514)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, breach of lease
• An itemized written statement of deductions must be included
• Failure to comply may result in double damages plus the full deposit amount returned to the tenant