Under Delaware law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord-Tenant Code, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Delaware
In Delaware, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Delaware’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Heating, Only If Provided |
| Hot Water | No | No |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | No | Only If Provided |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes, Except Batteries |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Delaware
Landlords must perform necessary repairs in a timely manner. In Delaware, landlords must make repairs within 15 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Delware tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. In some cases, they can also withhold rent.
Tenant Responsibilities in Delaware
Apart from paying rent in a timely manner, Delaware tenants must:
- Keep the unit in a safe and habitable condition.
- Keep fixtures clean and sanitary.
- Use all fixtures and appliances in a reasonable manner.
- Make small repairs and maintenance.
- Not negligently or deliberately destroy the dwelling unit.
- Not remove or tamper any smoke detector or carbon monoxide detector.
- Not disturb other tenants or neighbors.
Evictions in Delaware
- Nonpayment of Rent: If a Delaware tenant fails to pay rent, then the landlords may issue a 5-Day Notice to Pay. If they do not pay, then the landlord may file for eviction.
- Lease Violation: If a lease violation occurs then the landlord may provide a written 7-Day Notice to Cure or Vacate. If the tenant fails to abide by the terms of the notice then the landlord may pursue eviction. Landlords do not need to provide any notice for second violations.
- No Lease/End of Lease: At-will tenants are entitled to a 60-Day Notice to Quit before eviction. It is also illegal for landlords to evict tenants as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in Delaware
It’s illegal for Delaware landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have recently taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Delaware
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1 month’s rent (except there is no limit to the security deposit if the rental unit is furnished).
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords must hold security deposits in a federally-insured bank with an office in the state.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage excluding normal wear and tear, and costs due to early termination of the lease agreement.
- Time Limit for Return: 20 days after the lease term ends.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs.
Lease Termination in Delaware
Notice Requirements: If a tenant on a periodic lease wishes to terminate that lease then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 60 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: If a tenant wishes to break a lease early then they may do so for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Lease violation
- Domestic violence
- Senior citizen or health issues
Cost of Breaking a Lease in Delaware
If an Delaware tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Delaware
Delaware does not have rent control. However, state law does not prohibit cities and towns from creating their own rent control laws.
Because Delaware does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 60 days’ notice before increasing the rent.
However, if the rental unit is a mobile home, rent increases are limited to once per year and landlords must give at least 90 days’ notice.
Housing Discrimination in Delaware
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, sex (including gender identity and sexual orientation), religion, familial status, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Delaware state law adds protections for tenants on the basis of marital status, age, creed, source of income, and domestic abuse victim status.
Discriminatory Acts & Penalties: Housing discrimination suits are handled by the Delaware Division of Human Relations. The following acts have been highlighted as potentially discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Steering tenants toward certain neighborhoods.
- Presenting a housing option as “unavailable” or “not right” for a prospective tenant.
- Housing advertisements that say “no kids” or “professionals preferred.”
- Refusing to make reasonable accommodations.
- Providing different terms, conditions, or privileges.
- Harassing or coercing tenants into acting against their own interests.
Delaware does not outline specific penalties for discriminatory practices. Tenants can file complaints against the landlord on the Division’s website here.
Additional Landlord Tenant Regulations in Delaware
In addition to having laws that address general issues like repairs and security deposits, most states, including Delaware, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Delaware
Delaware landlords have the right to enter rental property for purposes related to inspections, maintenance, and property showings. Unless there’s a special written agreement about notice, in most cases (except emergencies) the landlord must provide at least 48 hours of advance notice before any entry.
Rent Collection & Related Fees in Delaware
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a 5-day grace period for the payment of rent before charging a late fee. However, if tenants can’t pay rent in person in the county where the rental unit is located, the minimum grace period is 8 days.
- Maximum Late Fee: 5% of the monthly rent.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required for cash payments.
Small Claims Court in Delaware
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $25,000. Delaware Small Claims Court is a division of Justice of the Peace Court. The process takes approximately two to three months.
Mandatory Disclosures in Delaware
Delaware landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built after 1978 must provide information about concentrations of lead paint.
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in owning and managing the property.
- Landlord-Tenant Law: Landlords must provide this Summary of Delaware Residential Landlord-Tenant Code at the beginning of a tenant’s lease.
- Security Deposit: When collecting a security deposit, landlords must disclose the name and location of the bank where the deposit will be held.
Changing the Locks in Delaware
Delaware law lets tenants change locks at any time, as often as they want, as long as they cause no property damage and give the landlord both written notice of the lock change and copies of any new keys. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Delaware Landlords and Tenants
Many cities in Delaware have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Delaware State Housing Authority
This public corporation provides resources necessary to facilitate a legal and harmonious landlord-tenant relationship, including programs to increase understanding of the state’s applicable laws.
Delaware Division of Human Relations – Fair Housing Hub
This page helps landlords and tenants learn more about Delaware’s fair housing regulations. This includes tenants who seek a formal complaint against their landlord’s discriminatory actions.
