Delaware Landlord Laws

Delaware is generally considered a balanced state for both landlords and tenants. The state enforces clear guidelines under the Delaware Residential Landlord-Tenant Code, which regulates everything from rental agreements to eviction procedures. While Delaware does not impose rent control, it does outline specific rules on rent increases, security deposits, property maintenance, and the handling of legal disputes.

Understanding Delaware’s landlord-tenant laws is essential to managing your rental property effectively and legally. These laws apply across the state, but may be supplemented by additional local ordinances, particularly in cities like Wilmington or Dover. Remaining compliant with both state and municipal laws can help you avoid legal issues while promoting healthy, respectful relationships with tenants.

In this article, we’ll provide an overview of the key landlord-tenant regulations that Delaware property owners need to know. This summary focuses on statewide rules and does not cover every possible legal scenario, so it’s a good idea to consult the Delaware Landlord-Tenant Code (Title 25, Chapter 51) or a qualified attorney if you need legal advice tailored to your situation.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

NEW! 2025 Delaware Rental Laws

The following new rental law passed in Delaware in recent years:

• Statewide Short-Term Rental Lodging Tax (HS2 for HB 168): Effective January 1, 2025, the Short-Term Rental Tax law in Delaware imposes a 4.5% tax on short-term rentals, defined as residential accommodations rented for 31 days or fewer. The tax applies to properties such as houses, apartments, and condos, but excludes hotels, healthcare facilities, and dormitories. Local counties may also impose up to an additional 3% tax on these rentals. Revenue is distributed to the State General Fund, tourism bureaus, and beach preservation initiatives.

Delaware Quick Facts

Rights and Responsibilities of Delaware Landlords and Tenants

Delaware landlords and tenants each have rights and responsibilities under state law. For instance, landlords are required to provide safe and habitable housing, while tenants are expected to pay rent on time and avoid causing damage to the property. In return, landlords have the right to receive timely rent payments and access the property for valid reasons with proper notice, and tenants have the right to live in a secure, well-maintained home with privacy protections.

These rights and responsibilities are typically outlined in a written lease agreement, but all lease terms must comply with the Delaware Residential Landlord-Tenant Code (25 Del. C. § 5101–7000) to be enforceable.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in Delaware.

Delaware landlords have the right to:

• Collect rent as outlined in the lease agreement.
• Require a security deposit, not to exceed one month’s rent for yearly leases.
• Enter the rental unit with at least 48 hours' notice for inspections, repairs, or showings.
• Initiate eviction proceedings for valid reasons, such as nonpayment of rent, lease violations, or illegal activity.
• Screen prospective tenants using lawful criteria and background checks.

Delaware landlords are responsible for:

• Providing safe, habitable housing that complies with state building and health codes.
• Making timely repairs and maintaining essential services like heat, water, and electricity.
• Providing written notices for rent increases or entry, given at least 48 hours prior for non-emergency entry.
• Returning the security deposit within 20 days after lease termination, with an itemized list of deductions if applicable.
• Refraining from retaliating against tenants who file complaints or assert their legal rights.

Delaware tenants have the right to:

• Live in a rental unit that is safe, clean, and meets habitability standards.
• Receive proper notice before the landlord enters the premises.
• Have repairs addressed promptly, especially those affecting health or safety.
• Withhold rent in certain situations or make repairs and deduct the cost from rent under specific legal conditions.
• Be free from discrimination based on race, color, religion, sex, disability, familial status, or national origin, and protected classes under state law.

Delaware tenants are responsible for:

• Paying rent on time and complying with the lease agreement.
• Keeping the property clean and safe, and avoiding deliberate or negligent damage.
• Notifying the landlord of necessary repairs or hazardous conditions.
• Allowing the landlord reasonable access to the property with proper notice.
• Providing proper notice before moving out, usually at least 60 days for yearly leases unless otherwise stated.

Delaware Required Disclosures

Required disclosures are pieces of information that landlords in Delaware must provide to tenants either before or at the beginning of a rental agreement. These disclosures are designed to ensure transparency about health risks, safety concerns, and important lease terms, which helps tenants make informed decisions and ensures that landlords remain in compliance with the law.

Below are a few of the most important required disclosures in Delaware:

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identification (Del. Laws 25 § 5105(a)). Every Delaware lease agreement must disclose the name and address of the owner and/or the owner’s agent.
• Copy of Rental Agreement (Del. Laws 25 § 5105(b)). The landlord must provide a copy of the written rental agreement to each tenant, free of charge.
• Summary of Landlord-Tenant Laws (Del. Laws 25 § 5118). The landlord should provide each tenant with this summary of the Delaware Landlord-Tenant Code at the beginning of the rental term.
• Security Deposit Location (Del. Laws 25 § 5514(b)). Landlords in Delaware must disclose to tenants the location of the account where their security deposit is kept.

Additional Reading: Delaware Residential Lease Agreement

Delaware Rent and Fee Laws

Although Delaware does not impose statewide rent control, the state has many important laws that regulate how landlords can collect rent and charge fees. For example, landlords must provide proper notice before raising rent and are subject to specific rules about late fees and bounced check charges.

Below are the most important rent and fee laws that landlords in Delaware should know:

Rent Payments

• Due Date: Unless otherwise specified in the lease agreement, rent is due at the beginning of each month (Del. Laws 25 § 5501(b)). 
• Rent Increases: There is no statewide rent control in Delaware.
• Grace Period: 5 days (Del. Laws 25 § 5501(d)).

Fees

• Application Fees: Landlords may charge an application fee of up to $50 or 10% of monthly rent, whichever is greater (Del. Laws 25 § 5514(d)).  
• Late Fees: 5% of monthly rent (Del. Laws 25 § 5501(d)). 
• NSF/Bounced Check Fee Maximum: The service fee for bad checks in Delaware is undetermined. 

Tenant Remedies

• Repair and Deduct Remedy: If a landlord in Delaware fails to maintain the unit, make repairs, keep the property in a sanitary condition, or perform other work required by law or the lease, the tenant may initiate the repair and deduct remedy by first sending a written notice. If after 30 days the landlord has not remedied the breach or begun repairs, the tenant may arrange for professional repairs and deduct from the rent up to $400 or half of one month’s rent, whichever is less. This remedy is unavailable to tenants who caused the condition or who are delinquent in rent payments (Del. Laws 25 § 5307). 
• Withholding Rent: If the landlord fails to provide hot water, heat, water, or electricity; fails to remedy a condition that deprives the tenant of a benefit of the lease; or violates the state housing Code, and this failure lasts for 48 hours, the tenant must first send written notice to the landlord. Then, they may either immediately terminate the lease, or withhold up to 2/3 per diem rent during the period that adequate housing is not supplied. If the landlord still fails to remedy the breach, the tenant can also choose to procure substitute housing and charge the landlord up to ½ of the amount of abated rent (Del. Laws 25 § 5308). 

Delaware Security Deposit Laws

Like most states, Delaware regulates how landlords have to handle tenant security deposits. These rules cover the maximum amount a landlord can collect, how deposits must be stored, whether interest must be paid to the tenant, and the timeframe for returning the deposit after the lease ends. Delaware law also outlines specific conditions under which landlords may withhold part or all of the deposit.

Below are Delaware’s key security deposit laws.

• Deposit Limit: 1 month’s rent (Del. Laws 25 § 5514(a)(2)). This limit does not apply to furnished rental units. Landlords may also charge an additional pet deposit, which cannot exceed one month’s rent (Del. Laws 25 § 5514(i)). 
• Interest: Landlords in Delaware are not required to pay interest on security deposits. 
• Return Within: 20 days (Del. Laws 25 § 5514(e)). 
• Deposit Location: Security deposits must be kept in an escrow bank account in a federally insured banking institution. The account must be separate from other funds and not used for other business of the landlord (Del. Laws 25 § 5514(b)). 
• Withholding: Landlords may withhold funds from the security deposit for damages beyond ordinary wear and tear, late fees, unpaid rent, premature termination of the lease and/or reasonable renovation or re-renting expenses, and other expenses owed to the landlord under the lease agreement. The landlord must provide the tenant with an itemized list of damages and their costs as deductions from the security deposit (Del. Laws 25 § 5514(c-f)). 

Delaware Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in Delaware are protected by federal and state fair housing laws that prohibit discrimination during any stage of the rental process. The Federal Fair Housing Act (Title 24 USC § 3601-3607) makes it illegal for landlords to treat prospective or current tenants differently based on certain protected characteristics.

Examples of discriminatory behavior include:

• Accepting or denying rental applications based on protected class status
• Using biased criteria during tenant screening
• Writing discriminatory advertising or listings
• Setting different rent amounts, fees, or security deposits
• Delaying or refusing maintenance or repairs
• Enforcing rules more strictly against certain tenants
• Retaliating or evicting tenants who file complaints or assert their rights
• etc.

What are the protected classes in Delaware?

Under the federal Fair Housing Act, landlords may not discriminate based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status (e.g., having children)
• Disability

Delaware law expands these protections further. According to the Delaware Fair Housing Act (Del. Laws 25 § 5116), additional protected classes include:

• Creed
• Age
• Marital status
• Source of income
• Sexual orientation
• Gender identity
• Victim status (survivors of domestic violence)
• Occupation
• Housing status
• Presence of a child or children in the family

These laws apply throughout the rental process, and violations may result in fines, civil penalties, or other legal consequences.

Note: In April of 2025, a bill (HB 115) was introduced in Delaware that would amend the state's Fair Housing Act and Residential Landlord-Tenant Code to prohibit housing discrimination based on weight, height, and body size. However, as of May 2025, the bill has not advanced out of committee.

For more information or to file a complaint, tenants can contact the Delaware Division of Human and Civil Rights.

Use of Credit Reports

Delaware landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. 

Use of Criminal Histories

Are background checks illegal in Delaware rental housing? No - criminal background checks may be used during tenant screening in this state. Delaware landlords should follow Fair Housing recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property. 

Additional Reading: Delaware Background Checks & Screening Online

Delaware Landlord Entry Laws

Delaware regulates when and how landlords may enter a rental property. While landlords have the right to access their property for inspections, repairs, or showings, they must follow specific procedures that respect the tenant’s right to privacy. These laws help establish clear boundaries and prevent conflicts between landlords and tenants.

Below is a summary of Delaware’s landlord entry rules:

• Advanced Notice: 48 hours’ notice. This law does not apply when repairs are requested by the tenant (Del. Laws 25 § 5509(b)). 
• Permitted Times: Delaware landlords may only enter between 8:00 a.m. and 9:00 p.m. Acceptable reasons for entry include inspections, repairs, decorations, alterations, improvements, services, or showings (Del. Laws 25 § 5509(a-b)). 
• Emergency Entry: In case of an emergency, the landlord may enter without advanced notice or consent and at any times (Del. Laws 25 § 5509(b)). 

Delaware Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Delaware, consider hiring an experienced real estate attorney and be sure to review the Delaware eviction process in more detail.

If you do pursue eviction in Delaware, the first step is to send a formal, written eviction notice. Delaware has several different types of eviction notices, each associated with a different circumstance:

• Rent Demand Notice: 5 days to pay or quit (Del. Laws 25 § 5502). 
• Notice for Lease Violation: 7 days to cure or quit (Del. Laws 25 § 5513). 
• Unconditional Notice to Quit: Immediate. According to Delaware eviction laws, this notice applies when the tenant’s breach causes or threatens to cause irreparable harm to another person or their property. It also applies if the tenant is convicted of a class A misdemeanor or felony that threatens another person or property (Del. Laws 25 § 5513(b)). 

Additional Reading: Delaware Eviction Process and Laws [2025]

Delaware Squatter's Rights

Squatters are individuals who occupy a property without the permission of the owner and without a legal lease agreement. In Delaware, property owners must follow the formal eviction process to remove a squatter, and self-help methods like locking someone out or turning off utilities are not permitted and could expose the landlord to liability.

Delaware does allow squatters to claim ownership of a property through adverse possession, but this process is subject to strict requirements. Under Delaware law (10 Del. C. § 7901), a squatter must occupy the property continuously, openly, and without permission for at least 20 years. They must treat the property as their own and may be required to prove exclusive possession and payment of property taxes during that time. Even then, a successful claim requires court approval and can be challenged by the rightful owner.

Because adverse possession claims are rare and complicated, landlords should seek legal advice and promptly begin formal eviction proceedings if an unauthorized occupant is discovered. Taking legal action is the best way to prevent long-term occupation and protect property rights.

Additional Reading: Delaware Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Delaware 

• The current average rent rate in Delaware is $1,995 per month, according to Zillow. 
• The average rent rate in Wilmington is $1,700 per month, according to Zillow. 
• Landlords in Delaware must keep receipts and records for all application fees for at least two years (Del. Laws 25 § 5514(d)). 

Conclusion

Delaware rental laws are established to defend the rights of landlords and tenants within a construct of safe living conditions that are guided by fair housing laws. With a respect for your obligations as a landlord or tenant and an understanding of the law, landlords and tenants can create a lasting relationship together. Overall, following Delaware's rental laws protects you and prevents you from making costly mistakes.

FAQs

Is Delaware a landlord-friendly state?

Yes, Delaware is considered moderately landlord-friendly. While it enforces detailed regulations on rent increases, security deposits, and habitability standards, it allows landlords some flexibility in lease terms and eviction processes. However, landlords must strictly follow procedures outlined in the Delaware Residential Landlord-Tenant Code.

Can a landlord refuse to rent to someone using Section 8 in Delaware?

No. As of 2023, Delaware law prohibits housing discrimination based on source of income. This means landlords may not refuse to rent to someone solely because they use Section 8 vouchers or other public assistance. You can, however, deny Section 8 tenants for failing to meet other tenant screening criteria that you apply fairly to all rental applicants.

What is the maximum security deposit a landlord can charge in Delaware?

Delaware landlords may charge a maximum security deposit of one month’s rent for leases of one year or longer. For month-to-month agreements, there is no cap. The deposit must be returned within 20 days after the tenant vacates, along with an itemized list of any deductions.

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

Landlords must give at least 48 hours' notice before entering a rental unit, unless there’s an emergency. Entry must occur during reasonable hours.

How much notice is required to evict a tenant for nonpayment of rent in Delaware?

If rent is unpaid, the landlord must issue a 5-day notice to pay or quit before initiating eviction proceedings. If the tenant fails to pay within this period, the landlord may file for possession.

What protected classes are recognized under Delaware fair housing laws?

In addition to federal protections (race, color, religion, sex, disability, national origin, and familial status), Delaware adds protections for marital status, age, sexual orientation, gender identity, source of income, and victims of domestic abuse. In 2025, Delaware's House introduced a bill that would add protections based on weight, height, and body size, but as of May 29, 2025, the bill is still in committee.

Free Downloads

1. Delaware Residential Lease Agreement Template
2. Delaware Quitclaim Deed
3. Delaware Lease Agreement
4. Delaware 5-Day Notice to Pay or Quit
5. Delaware Lease Termination Letter

Resources

1. Residential Landlord-Tenant Code
2. Delaware Fair Housing Information Center
3. Delaware State Housing Authority
4. Summary Possession Process
5. Delaware Housing Market Trends & Forecast
6. Real Estate Terms & Definitions