State rules · DE

Delaware landlord-tenant rules

The six rules landlords and renters ask about most in Delaware, each with the statute it comes from.

Last reviewed September 30, 2026 Official resource: courts.delaware.gov

20 days

to return a deposit

Security deposit

Delaware landlords have 20 days to return a security deposit after you move out.

60 days

landlord notice, month-to-month

Notice to vacate

In Delaware, landlords and tenants must each give 60 days’ notice to end a month-to-month tenancy.

5% of rent

late-fee cap

Late fees

Delaware landlords must wait 5 days after rent is due before charging a late fee, and the fee can’t be more than 5% of monthly rent.

60 days

notice before an increase

Rent increase notice

Delaware landlords must give at least 60 days’ notice before raising the rent on a month-to-month tenancy.

48 hours

notice before entry

Landlord entry

Delaware landlords must give at least 48 hours’ notice before entering your home, except in an emergency.

$25,000

small claims limit

Small claims limit

In Delaware, you can sue for up to $25,000 in small claims court.

Not legal advice. Statutes change; check the linked section. The law behind each rule: Delaware Residential Landlord-Tenant Code, Delaware Code Title 25, Part III (Chapters 51–59).

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