Free Delaware Lease Agreement
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Delaware Lease Agreement Requirements (2026)
Every Delaware residential lease must comply with state landlord-tenant law. Here are the key rules your lease must follow:
| Rule | Requirement |
|---|---|
| Security Deposit Limit | 1 month’s rent (unfurnished); no limit for furnished, month-to-month, or pets |
| Deposit Return Deadline | 20 days |
| Late Fee Cap | 5% of monthly rent (for rentals under $700/mo); greater of 5% or $50 (for rentals $700+/mo) |
| Grace Period | 5 days |
| Landlord Entry Notice | 48 hours notice |
| Rent Increase Notice | 60 days (month-to-month tenancies) |
Key Delaware Landlord-Tenant Laws
- Delaware Residential Landlord-Tenant Code (Del. Code tit. 25, §5101 et seq.) — Comprehensive landlord-tenant law governing security deposits, habitability, eviction, and tenant protections.
Frequently Asked Questions
What is the security deposit limit in Delaware?
For unfurnished units with a lease term of one year or more, the security deposit is limited to 1 month’s rent. There is no limit for furnished units, month-to-month leases, or pet deposits.
How much notice is required to raise rent in Delaware?
Landlords must provide 60 days written notice before increasing rent for month-to-month tenancies. There is no cap on the amount of increase.
What are Delaware’s late fee rules?
Delaware caps late fees at 5% of monthly rent for units under $700/month, or the greater of 5% or $50 for units at $700/month or more. A 5-day grace period is required before charging late fees.
Learn more: Delaware Landlord-Tenant Laws
