Landlord-Tenant Law Guide
Delaware Landlord-Tenant Laws
Delaware's Residential Landlord-Tenant Code provides clear rules that are relatively tenant-friendly. The security deposit cap drops to one month after the first year of tenancy, and late fees are capped by statute.
Key Rules at a Glance
Security Deposit Limit
1 month's rent
After the first year of tenancy, the deposit cannot exceed one month's rent. Excess must be refunded.
Deposit Return Deadline
20 days
Itemized written statement of deductions must accompany any withholding within 20 days of move-out.
Notice to Enter
2 days
Written notice required at least 2 days before non-emergency entry.
Rent Increase Notice
60 days
Written notice at least 60 days before a rent increase takes effect for month-to-month tenancies.
Late Fee Cap
5% of monthly rent
Statutory cap. Cannot be charged until rent is overdue.
Nonpayment Eviction Notice
5 days
Written 5-day notice to pay or quit before filing for summary possession.
Lease Termination (Month-to-Month)
60 days
Either party must give 60 days written notice to terminate a month-to-month tenancy.
Disclaimer:Delaware's deposit cap rules change after the first year — excess deposits must be returned. Consult a Delaware attorney for specifics.
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Open →Frequently Asked Questions
What is the security deposit limit in Delaware?
One month's rent after the first year of tenancy. If you charged more initially, you must refund the excess once the tenant completes the first year.
How long does a Delaware landlord have to return a security deposit?
20 days from move-out, with an itemized written statement of any deductions.
How much notice is required to terminate a month-to-month tenancy in Delaware?
60 days written notice from either the landlord or the tenant.