Delaware (DE) law guide
Quick answer
Delaware caps security deposits at 1 month's rent for leases of one year or more and requires landlords to return the deposit within 20 days of move-out. There is no statewide rent control and no city-level rent control anywhere in Delaware. Landlords must give 5 days' written notice before filing for nonpayment eviction and 48 hours' notice before entering a unit.
Security Deposit Limit
1 month's rent (unfurnished, 1-year+ lease)
Deposit Return Deadline
20 days after move-out
Statewide Rent Control
None
Nonpayment Eviction Notice
5 days to pay or quit
Delaware rental market snapshot
Population
~1.06 million
Renter households
About 34% of households statewide are renter-occupied; Wilmington runs ~55%
Median rent
~$1,730/month for a 2-bedroom statewide
Largest rental markets
Wilmington, Dover, Newark, Middletown, Smyrna
Wilmington anchors Delaware's rental market with average 2BR rents near $2,200, while Dover and Newark run closer to $1,600, making Delaware more affordable than neighboring Philadelphia and Baltimore metro areas.
Delaware landlords may collect a maximum of 1 month's rent as a security deposit on leases of one year or longer. An extra month's rent is permitted if the tenant has a pet, and furnished units have no statutory cap.
Landlords must return the deposit and a written itemized deduction list within 20 days of lease termination. Miss that deadline and the landlord forfeits the right to keep any portion and may owe the tenant double the amount wrongfully withheld.
Delaware has no statewide or local rent control, so landlords can raise rent to any amount the market supports. For increases under 20%, landlords must give 30 days' written notice; increases of 20% or more require 60 days' written notice.
Late fees are capped at 5% of monthly rent and cannot be charged until the tenant is at least 5 days late (8 days if the landlord has no county office). Landlords cannot charge a late fee on top of another late fee for the same missed payment.
For nonpayment of rent, Delaware landlords must serve a written 5-day notice to pay or vacate before filing a summary possession action in Justice of the Peace Court. For other lease violations, the notice period is 7 days to cure or quit.
If a tenant's conduct causes or threatens irreparable harm to a person or property, the landlord may issue an unconditional notice to quit with no cure period. The entire court process typically takes 3 to 6 weeks from filing to a scheduled hearing.
Landlords must give tenants at least 48 hours' notice before entering a unit and may only enter between 8 a.m. and 9 p.m. Emergency repairs are the one exception and allow immediate entry at any time.
Delaware law requires landlords to maintain the property in a habitable, safe, and sanitary condition. Repairs should be completed within a reasonable time after written notice from the tenant; industry practice and many courts treat 15 days as the outer limit for non-emergency repairs.
Delaware tenants have an implied warranty of habitability. If a landlord fails to make essential repairs after written notice, tenants may pursue remedies through the courts, including rent escrow and lease termination.
Landlords cannot retaliate against tenants who report code violations or organize with other tenants. Any rent increase or eviction notice within 90 days of a complaint to a government agency is presumed retaliatory under Delaware law.
Delaware follows federal Fair Housing Act protections and adds source of income as a protected class, meaning landlords cannot refuse to rent to tenants who pay with housing vouchers (Section 8). Other protected classes include race, color, national origin, religion, sex, familial status, disability, age, marital status, and sexual orientation.
Tenants can break a lease early without penalty if the unit becomes uninhabitable, if the landlord violates privacy rights, or in cases of active military deployment (under the federal Servicemembers Civil Relief Act). Delaware small claims cases go to Justice of the Peace Court with a limit of $25,000.
This guide is general information, not legal advice. Governing statute: Delaware Code Title 25, Chapters 51-59 (Residential Landlord-Tenant Code). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Delaware FAQ
For an unfurnished rental on a lease of one year or more, the maximum security deposit is **1 month's rent**. Landlords can add one more month's rent if you have a pet, and furnished units have no statutory cap.
**20 days** after the tenancy ends. The landlord must also send an itemized list of any deductions. If they miss this deadline, they lose the right to withhold anything and may owe you double the amount kept.
No. Delaware has **no statewide or local rent control**. Landlords can raise rent to any amount, but they must give 30 days' written notice for increases under 20% and 60 days' notice for increases of 20% or more.
At least **48 hours** written notice, and entry must be between 8 a.m. and 9 p.m. The only exception is a genuine emergency, which allows immediate entry at any time.
Your landlord must give you a written **5-day notice to pay or vacate** before filing for eviction in Justice of the Peace Court. Paying in full within those 5 days stops the eviction process.
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