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Delaware · DE

Delaware Landlord-Tenant Laws 2026

Security deposit limits, eviction notice requirements, rent increase rules, and every compliance deadline for Delaware landlords. 57 cities covered.

Based on Delaware state statutes. Updated August 2026.

Delaware Landlord Law Summary

In Delaware, landlords must return security deposits within 20 days, provide 5-day eviction notice for nonpayment, and do not cap rent increases. No just cause eviction requirement.

Delaware Landlord Rules at a Glance

Key compliance requirements every Delaware landlord must follow.

Rule Requirement
Security Deposit Cap 1 month’s rent (unfurnished); no limit for furnished, month-to-month, or pets
Deposit Return Deadline 20 days
Eviction Notice (Nonpayment) 5 days written notice (residential)
Rent Cap No statewide cap
Entry Notice 48 hours notice
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
Just Cause Eviction Not required

What Happens If You Violate Delaware Landlord-Tenant Law

Security deposit violation: Tenant may recover up to 2x the wrongfully withheld amount.

  • Late deposit return: Miss the 20-day deadline and tenants can sue for up to 2x the withheld amount.
  • Improper eviction notice: Wrong notice period or procedure = case dismissed. You restart from zero and owe additional court costs.
  • Illegal entry: Entering without 48-hour notice = harassment claim. Tenants can terminate the lease and sue for damages.
  • Fair housing violation: First offense: $16,000+ federal fine. Repeat: $65,000+. Plus actual damages, attorney fees, and potential criminal penalties.

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Delaware Landlord-Tenant Statutes

The laws that govern residential rentals in Delaware.

Delaware Residential Landlord-Tenant Code

Del. Code tit. 25, §5101 et seq.

Comprehensive landlord-tenant law governing security deposits, habitability, eviction, and tenant protections.

Top 50 Delaware Cities — Landlord Law Coverage

The largest Delaware cities by population, with median rent and deposit cap data. Click any city for detailed landlord-tenant law coverage.

City Population Median 2BR Rent Max Deposit
Wilmington 71,675 $1,810/mo $1,810
Dover 39,894 $1,470/mo $1,470
Newark 30,169 $1,810/mo $1,810
Middletown 25,022 $1,810/mo $1,810
Milford 13,289 $1,399/mo $1,399
Smyrna 13,277 $1,470/mo $1,470
Seaford 8,735 $1,399/mo $1,399
Georgetown 7,873 $1,399/mo $1,399
Millsboro 7,637 $1,399/mo $1,399
Elsmere 6,157 $1,559/mo $1,559
New Castle 5,549 $1,810/mo $1,810
Clayton 4,399 $1,470/mo $1,470
Laurel 4,275 $1,399/mo $1,399
Camden 4,188 $1,559/mo $1,559
Harrington 3,860 $1,470/mo $1,470
Milton 3,675 $1,399/mo $1,399
Lewes 3,604 $1,399/mo $1,399
Selbyville 3,184 $1,399/mo $1,399
Ocean View 2,937 $1,399/mo $1,399
Townsend 2,832 $1,810/mo $1,810
Bridgeville 2,829 $1,399/mo $1,399
Cheswold 2,257 $1,470/mo $1,470
Delmar 2,216 $1,399/mo $1,399
Millville 2,049 $1,399/mo $1,399
Delaware City 1,905 $1,810/mo $1,810
Wyoming 1,868 $1,559/mo $1,559
Felton 1,356 $1,470/mo $1,470
Blades 1,295 $1,559/mo $1,559
Bellefonte 1,233 $1,559/mo $1,559
Rehoboth Beach 1,220 $1,399/mo $1,399
Frederica 1,116 $1,470/mo $1,470
Greenwood 1,089 $1,399/mo $1,399
Bethany Beach 1,059 $1,399/mo $1,399
Dagsboro 961 $1,399/mo $1,399
Newport 896 $1,559/mo $1,559
Frankford 878 $1,399/mo $1,399
Ellendale 541 $1,399/mo $1,399
South Bethany 504 $1,559/mo $1,559
Arden 433 $1,559/mo $1,559
Houston 398 $1,470/mo $1,470
Dewey Beach 393 $1,559/mo $1,559
Fenwick Island 376 $1,399/mo $1,399
Odessa 364 $1,810/mo $1,810
Bowers 285 $1,559/mo $1,559
Magnolia 285 $1,470/mo $1,470
Bethel 259 $1,399/mo $1,399
Ardentown 254 $1,559/mo $1,559
Slaughter Beach 241 $1,559/mo $1,559
Ardencroft 229 $1,559/mo $1,559
Kenton 226 $1,470/mo $1,470

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Deposit deadlines, notice requirements, required disclosures — everything in one page.

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Frequently Asked Questions — Delaware Landlord Laws

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.
Landlords must provide 60 days written notice before increasing rent for month-to-month tenancies. There is no cap on the amount of increase.
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.

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How we researched this page: This guide covers all Delaware landlord-tenant statutes, verified against official government sources. Rent data comes from HUD Fair Market Rents (FY2026). Last updated: August 2026.
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Reviewed by Rachid Abadli

Founder & CEO, LeaseBase · Sacramento landlord · Self-managing since 2019

LeaseBase is a property management platform — not a law firm. Consult an attorney for legal advice specific to your situation.