State law guide · Checked November 14, 2026

Delaware landlord rules: late fees, deposits and rent increases

Delaware puts a percentage cap on late fees and sets a 20-day deadline for returning deposits. It has no statewide cap on rent increases. Here is what Title 25 of the Delaware Code says, with the section for each rule.

Late fees in Delaware

Limit

5 percent of the monthly rent. 25 Del. C. § 5501(d)

Grace period

Five days. The late charge can't be imposed within 5 days of the agreed time for payment of rent. 25 Del. C. § 5501(d)

Other conditions

A late charge applies where the rental agreement provides for one. The charge counts as additional rent. If the landlord doesn't keep an office or permanent place for payment in the county, the due date is extended 3 days. 25 Del. C. § 5501(d)

Security deposits in Delaware

Maximum deposit

One month's rent for a lease of one year or more. The same limit applies to a month-to-month tenancy that has lasted one year or more, and any excess is credited back. The limits don't apply to furnished units. The statute states no limit for shorter terms. 25 Del. C. § 5514(a)

Return deadline

20 days after the rental agreement expires or ends. 25 Del. C. § 5514(e)

Itemized deductions

Required, within the same 20 days, with the estimated cost of repair for each item. Failing to provide the list is an acknowledgment that no payment for damages is due. The tenant has 10 days from receipt of the payment to object in writing. 25 Del. C. § 5514(f)

Interest

The statute doesn't require it. 25 Del. C. § 5514

How it's held

In an escrow bank account at a federally insured institution with an office that accepts deposits in Delaware. The landlord must disclose the account location to the tenant. The account can't be used in the landlord's business. A tenant may choose a surety bond instead, but the landlord can't require one. 25 Del. C. § 5514(b)

Penalty

Double the amount wrongfully withheld. A landlord who doesn't disclose the account location within 20 days of a written request, or who doesn't use a qualifying institution, forfeits the deposit. If it isn't returned within 20 days of forfeiture, the tenant is owed double. 25 Del. C. § 5514(g)

Rent increases in Delaware

Notice to raise rent

No statute sets a notice period for a rent increase. The closest rule covers ending a month-to-month tenancy: 60 days' written notice, counted from the start of the month after notice is given. Check your lease for its own notice term. 25 Del. C. § 5106(d)

Statewide cap

None in the statute. 25 Del. C. chs. 51, 53, 55, 57

City rent control

The statute doesn't address it. No section of the Delaware Code that we checked allows or bars local rent control. 25 Del. C. ch. 55

This page covers Delaware state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones. The Delaware Code site links to whole chapters and subchapters, not individual sections, so each citation above points to the chapter page. Search the page for the section number.

Questions landlords ask

Free templates you can use in Delaware

These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.

• Rent increase letter kit: increase notice, renewal offer, pricing worksheet and delivery log.
• Late rent notice kit: friendly reminder, past-due notice, payment plan and delivery log.
• Security deposit return kit: itemized return letter, wear-and-tear guide and move-out checklist.
• Move-in kit: inspection checklist and deposit receipt, signed by the tenant.
• Rent ledger: running tenant balances and printable statements.

This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (Delaware Code, title 25, chapter 55) or talk to a local attorney before you act.