Does Delaware Have Rent Control Laws?
Delaware does not have rent control laws limiting the amount landlords may ask for. Delaware state law does not prohibit local governments from establishing rent control laws.
When Can a Landlord Raise Rent in Delaware?
Landlords in Delaware can raise the rent at any time, as long as they comply with the following:
- Give reasonable notice
- Don’t break any local rent control laws
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
90 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 6% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in Delaware?
Landlords in Delaware may not raise the rent if:
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
- It is done in response to a protected tenant action, such as filing a complaint. This is known as retaliation .
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
In addition to the above protections, Delaware law prevents discrimination in housing due to source of income or occupation .
How Often Can Rent Be Increased in Delaware?
Landlords in Delaware can increase the rent as often as they choose as long as they provide sufficient notice each time unless the rental unit is a mobile home.
Rent increases on mobile homes are limited to once per year .
How Much Notice is Needed to Raise Rent in Delaware?
Delaware landlords must give at least 60 days written notice to increase the rent before the expiration of the lease term . The tenant must respond to the notice at least 45 days before the expiration of the lease term to object to the rent increase .
If the rental unit is a mobile home, the landlord must give 90 days notice (but no more than 120 days) before the effective date of the increase.
How Much Can a Landlord Raise Rent in Delaware?
In Delaware, landlords can raise the rent by any amount and for any reason (except for mobile homes) as long as they give proper notice, don’t do so during the fixed term of a lease, and aren’t doing so for certain discriminatory or retaliatory reasons.
Mobile Homes. Rent increases that exceed the average rate of inflation require justification. Contact the Delaware Manufactured Home Relocation Authority (DEMHRA) for the current rate.