Delaware · Late fees

Delaware late fee law

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.

The rule

Grace period
5 days
Cap
5% of monthly rent
Grace period
No late charge within 5 days of the due date; 3 more days if the landlord keeps no office for rent payments in the county where the unit is located.
Limits on the fee
The late charge must be provided for in the rental agreement and is treated as additional rent.

Law: 25 Del. C. § 5501(d)

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.