Delaware Landlord Compliance
Everything you're responsible for as a landlord in Delaware
Rent control, just-cause eviction, deposits, entry, repairs and recordkeeping, written for people who own or manage a few units, checked against the official sources, and kept current when the rules move.
Jurisdiction
key details
Rent cap · Detail
No statewide limit on the amount of a rent increase in the Landlord-Tenant Code; increases are imposed through a renewal-with-modifications notice under §5107 (60 days).
Deposit cap · Detail
Max 1 month's rent where the rental agreement is for 1 year or more; month-to-month tenancies must have excess over 1 month returned after 1 year. Pet deposit separately capped at 1 month. Furnished units exempt.
Rent increase notice · Detail
Landlord must give at least 60 days' written notice before expiry of the rental agreement that it renews with modified terms (incl. rent); tenant who objects must give notice ≥45 days before term end, which then acts as termination.
City rules · Detail
No express statutory preemption of local rent control located in Title 25, and no Delaware municipality is known to have a rent control or just-cause ordinance.
Just cause · Detail
Landlord or tenant may end a month-to-month tenancy on 60 days' written notice (running from the first of the next month); no ground required. Fixed terms other than month-to-month also end on 60 days' notice.
Return deadline · Detail
Refund (or itemized list of damages plus balance) within 20 days of expiration or termination of the rental agreement; landlord relieved of liability if tenant fails to provide a forwarding address. Double damages for late refund.
Nonpayment notice · Detail
After rent is past due (post late-fee grace), landlord may demand payment with written notice of not less than 7 days before filing to terminate; then summary possession. Amended by 85 Del. Laws c. 436 (previously 5 days).
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Start from the task. Each route gathers the guides, checklists and forms that apply to it in Delaware.
Essential local guides
If you're new to owning here, these five cover most of what will come up in your first year.
View All GuidesDelaware Landlord-Tenant Guide Law 2026: Landlords Must Give Tenants the Real Estate Commission Guide
A Delaware tenant signing a lease today gets whatever paperwork the landlord happens to hand over, nothing state-mandated about their basic rights and responsibilities. That changes under House Bill 311, though not on a single fixed date. Instead, it turns on whichever of two triggers happens first, and landlords need to understand both to know exactly when their own distribution duty actually begins.
Guide
Delaware Pay-to-Stay Eviction Law 2026: Tenants Can Stop a Nonpayment Eviction by Paying Before Execution
A Delaware tenant who fell behind on rent used to lose the ability to fix things the moment a court entered judgment against them. Since September 1, 2026, that's no longer true. Senate Bill 116, now 85 Del. Laws c. 436, creates a real right of redemption: pay what's owed, up until the moment the eviction is actually carried out, and the case stops.
Guide
Recent changes
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No recent changes for Delaware yet.
Full Delaware collection
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| Resource | Type | Task | Reviewed |
|---|---|---|---|
Delaware Landlord-Tenant Guide Law 2026: Landlords Must Give Tenants the Real Estate Commission Guide A Delaware tenant signing a lease today gets whatever paperwork the landlord happens to hand over, nothing state-mandated about their basic rights and responsibilities. That changes under House Bill 311, though not on a single fixed date. Instead, it turns on whichever of two triggers happens first, and landlords need to understand both to know exactly when their own distribution duty actually begins. | Guides | Keep the right records | Sep 29, 2026 |
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Rent increase dates and notice
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Move-in and move-out photos
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Records kept per unit, per tenancy
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Repair requests and responses
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