Delaware Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

1 month's rent when the lease is for 1 year or more, and for month-to-month tenancies once they have lasted 1 year (any excess must then be credited back). These limits do not apply to furnished units. A separate pet deposit is capped at 1 month's rent, and none may be charged for a certified, trained support animal of a disabled resident. The deposit must sit in a designated escrow account at a federally insured bank with an office in Delaware, and the landlord must tell the tenant where it is.

Return deadline days

20 days

Itemization required

Yes

Interest required

No interest requirement in § 5514.

Source: Del. Code tit. 25, § 5514(a)-(g), (i)

Late fees

Rule

Capped at 5% of the monthly rent, and no late charge may be imposed until rent is more than 5 days late. If the landlord keeps no office or permanent place in the county where rent can be paid, the due date is extended by 3 days.

Source: Del. Code tit. 25, § 5501(d)

Landlord entry

Notice

At least 48 hours' notice, entry only between 8:00 a.m. and 9:00 p.m.; no notice needed for repairs the tenant requested or in an emergency. The tenant may waive the 48-hour notice only for showings to prospective tenants or buyers, in a separate signed addendum or document. Access may not be abused or used to harass.

Source: Del. Code tit. 25, § 5509(b)

Ending a month-to-month tenancy

Tenant

60 days' written notice, counted from the first day of the month after notice is given

Landlord

60 days' written notice, counted from the first day of the month after notice is given (also 60 days before the end of a fixed term)

Source: Del. Code tit. 25, § 5106(c)-(d)

Rent increases

Rule

To renew with a higher rent or other changed terms, the landlord must give at least 60 days' written notice before the lease expires, stating the changes and their effective date. The tenant has until 45 days before the end of the term to reject them; rejecting acts as a termination notice.

Statewide rent control

The Residential Landlord-Tenant Code sets no limit on the amount of rent; it regulates the notice for increases.

Source: Del. Code tit. 25, § 5107

Repairs & habitability

Rule

The landlord must comply with housing codes, provide a unit that does not endanger health or safety, keep common areas clean, make repairs to keep the unit in its original condition, and keep supplied electrical, plumbing and other facilities working. If the landlord does not fix a problem within 30 days of written notice (or start corrective steps within 10 days), the tenant may have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, with receipts; not available to tenants behind on rent.

Source: Del. Code tit. 25, §§ 5305(a), 5307

Retaliation

Rule

A landlord may not seek possession, raise rent or cut services because the tenant made a good-faith code complaint, a government authority filed a violation notice, the tenant organized or is an officer of a tenant organization, or the tenant pursued a legal right. Such action within 90 days of the complaint or act is presumed retaliatory.

Source: Del. Code tit. 25, § 5516

Clauses often unenforceable in Delaware

• Waiving the tenant's rights or remedies under the Code (§ 5301(a)(1))
• Authorizing anyone to confess judgment against the tenant (§ 5301(a)(2))
• Limiting the landlord's liability or making the tenant indemnify the landlord (§ 5301(a)(3))
• Requiring the tenant to declaw a cat (§ 5301(a)(4))
• Any attorney-fee clause, for either party (§ 5111)
• Late fee above 5% of monthly rent or charged within 5 days of the due date (§ 5501(d))
• Security deposit above 1 month's rent on an unfurnished unit with a lease of 1 year or more (§ 5514(a))
• Exempting the landlord from liability for harm caused by its entry into the unit (§ 5510(d))