Delaware's Landlord-Tenant Code changed twice in the last eight months, and most of what's online about renting here is either national boilerplate or out of date. These are the questions Delaware landlords and tenants actually ask, answered from Title 25 itself with the section numbers so you can check the source.
Last updated: September 2, 2026.
Rent, late fees, and payment
How late can rent be in Delaware before a landlord can charge a late fee?
A late charge can't be imposed within 5 days of the date rent is due (25 Del. C. § 5501(d)). If rent is due on the 1st, the earliest a late fee applies is the 6th.
How much can a Delaware landlord charge as a late fee?
No more than 5 percent of the monthly rent. That's a statutory cap — a lease setting a higher figure doesn't override it. Note that a late charge counts as additional rent under the Code.
Does the landlord have to give me a place to pay rent?
Yes, and this one surprises people. The landlord must maintain an office or other permanent place to receive payments in the county where the rental unit is located. If they don't, the time for paying rent is extended by 3 days beyond the due date.
Can a Delaware landlord refuse to accept rent once they've started an eviction?
No. As of September 1, 2026, the landlord must accept payment of everything owed and cannot proceed with the eviction. Landlords may restrict the method of payment to what the lease allows, and may require a certified check or money order after judgment.
Can someone else pay rent on a tenant's behalf?
Yes, and the landlord has to accept it — by check or ACH. That covers rental assistance programs, employers, and family members.
Security deposits and application fees
How much can a Delaware landlord charge for a security deposit?
One month's rent is the ceiling in two situations: where the lease is for one year or more, and where a month-to-month or undefined-term tenancy has lasted a year or more (§ 5514(a)). In that second case the landlord must immediately credit back anything above one month's rent once the year passes. The cap does not apply to furnished rental units.
Where does my security deposit have to be held?
In an escrow account at a federally-insured institution with an office in Delaware, designated as a security deposits account, and never used to run the landlord's business. You can ask in writing where it's held. If the landlord doesn't disclose the location within 20 days of that written request — or never escrowed it — the deposit is forfeited to the tenant, and failing to return it within 20 days after that entitles the tenant to double.
How much can a landlord charge as an application fee?
The greater of 10 percent of the monthly rent or $50 (§ 5514(d)). A landlord who demands more owes the applicant double what was charged. You're entitled to a receipt for the full amount paid.
Can a landlord charge a pet deposit on top of the security deposit?
Yes, up to one month's rent, regardless of lease length. But no pet deposit may be required where the animal is a duly certified and trained support animal for a disabled resident of the unit.
How long does a Delaware landlord have to return a security deposit?
Twenty days from termination or expiration — both to remit what's owed and to provide an itemized list of damages with estimated repair costs. Missing that window entitles the tenant to double the amount wrongfully withheld, and failing to provide the list is treated as an acknowledgment that no damages are due.
What if I disagree with the damages my landlord deducted?
Object in writing within 10 days of receiving the tender of payment. Accepting the payment without objecting inside that window counts as agreeing to the landlord's figures.
Do I have to give my landlord a forwarding address?
Yes, if you want the protections. Provide it in writing at or before termination. Without it, the landlord is relieved of the notice requirement and the double-damages exposure — though you can still claim any unused portion by writing to them within one year.
Eviction and the new right of redemption
Can a Delaware tenant stop an eviction after a judgment has been entered?
Yes, as of September 1, 2026. A tenant can redeem the tenancy up until the eviction order is actually executed by paying all past-due amounts determined by the court, including all rent due under the lease plus court-awarded costs and fees. We covered the mechanics in our breakdown of the new right of redemption law.
How many days does a Delaware late-rent notice have to give?
Seven days, increased from five under the same 2026 law. If your notice template still says five, update it before the next rent cycle.
When can a landlord send the late-rent notice?
Only after the window between the rent due date and the date late fees may be charged — practically, no earlier than the 8th of the month.
Are there tenants who don't get the right of redemption?
Yes. It doesn't apply to a tenant with two or more judgments for possession for failure to pay rent entered against them in the 18 months before the current case was filed. Only nonpayment judgments count, and a judgment vacated because the tenant redeemed still counts toward the two.
Does the right of redemption apply to manufactured home communities?
Yes. The 2026 law also amended Section 7016 of the Manufactured Home Owners and Community Owners Act, applying the same seven-day cure period and payment rules to land-lease communities.
Can a Delaware tenant get a free lawyer for an eviction?
Often, yes. Tenants with household income at or below 200 percent of the federal poverty guidelines have a right to legal representation from a designated organization (25 Del. C. § 5602). There's a notable exception: it doesn't apply where the landlord owns three or fewer rental units and isn't represented by an attorney or authorized agent.
Which court handles evictions in Delaware?
The Justice of the Peace Court hears summary possession cases. Because the redemption law is new and has no case law behind it, expect the JP Court to be working out procedural details through 2027.
Ending or changing a lease
How much notice is required to end a month-to-month lease in Delaware?
Sixty days' written notice from either side (§ 5106(d)). The 60 days begins on the first day of the month following the day notice is actually given — a notice delivered March 10 starts running April 1.
And for a lease with a fixed term?
Also 60 days' written notice before the expiration date, from either the landlord or the tenant, stating that the agreement ends when the term expires (§ 5106(c)).
How much notice does a landlord have to give before raising the rent?
Sixty days' written notice before the current agreement expires. The notice has to specify the modified terms, the new rent or deposit amount, and the date the change takes effect (§ 5107).
What happens if a tenant doesn't respond to a renewal or rent-increase notice?
The new terms are deemed accepted. A tenant who doesn't want them must notify the landlord at least 45 days before the last day of the term, and that rejection then operates as a termination notice.
Repairs, entry, and access
How much notice must a Delaware landlord give before entering?
At least 48 hours, and entry only between 8:00 a.m. and 9:00 p.m. (§ 5509(b)). Repairs the tenant requested don't require the notice, and in a genuine emergency the landlord may enter at any time.
Can a tenant waive the 48-hour notice?
Only in a narrow case. The waiver has to be in a signed addendum or separate signed document, and it applies only to showings for prospective tenants or purchasers — not to general access.
Can I change the locks?
Yes, at your own cost, provided you notify the landlord in writing, give them a key, use a lock that fits the existing system, and don't damage the door.
Should a tenant report a problem in the unit right away?
Yes, in writing, and sooner than feels comfortable. Delay is what turns a small repair into a deposit dispute — more on that in what it can cost you to hide things from your landlord.
Vouchers and fair housing
Can a Delaware landlord refuse a Section 8 housing voucher?
No. Since January 1, 2026, Delaware law prohibits refusing an applicant because they use a housing voucher or government rental assistance. The provision is scheduled to sunset in 2028, so it's worth watching whether the General Assembly extends it.
Renting versus buying in Delaware
How do I know whether I'm ready to stop renting?
It comes down to how long you plan to stay, what you've saved, and what a monthly payment actually looks like in this market — not a national rule of thumb. Start with the things worth knowing before you rent or buy, and if you're closer than you think, the signs you're ready to buy your first home.
Can a real estate agent help me find a rental, not just a purchase?
Yes, and in most cases it costs the renter nothing. Here's how that works and when it's worth doing.
If you own rental property in Delaware and you're weighing whether to hold it, refinance it, or sell it as these rules keep shifting, that decision starts with knowing what the asset is worth today. Request your free Home Equity Report at search.teamsordelet.com/seller — current value, the equity you've built, and what prices and inventory are doing in your neighborhood.
This page is general information about Delaware law, not legal advice, and it doesn't create an attorney-client relationship. Answers are drawn from Title 25 of the Delaware Code as compiled by the Division of Legislative Services, plus the 2026 amendments. Statutes change — the "last updated" date above tells you how current this is. For a specific situation, talk to a Delaware landlord-tenant attorney. Tenants who may qualify for free representation can contact Community Legal Aid Society, Inc. (CLASI) or Delaware Volunteer Legal Services. The Attorney General's Consumer Protection Unit also answers general Landlord-Tenant Code questions at (302) 577-8600 in New Castle County, or 1-800-220-5424 in Kent and Sussex.
About David Sordelet
David Sordelet is the Designated Broker of Real Broker Delaware and Team Leader of Team Sordelet, with over two decades of experience, 1,000+ transactions, and 200+ five-star reviews across Wilmington, Newark, Hockessin, Dover, Middletown, and the Maryland Eastern Shore.
License: RB-0031238-DE / 5013138-MD
