Delaware Rent Increases & Fees

Last Updated: April 26, 2022 by Elizabeth Souza

  • Rent Control / Increase Limitations. Delaware state landlords can raise rent only after the lease has ended.
  • Notice Required to Raise Rent. For month-to-month tenancies, Delaware landlords must provide 60 days’ notice from next rent due date.
  • Bounced Check Fees. Delaware state landlords may charge up to $40 for bounced checks.

When Can a Landlord Increase Rent?

A Delaware landlord may increase rent at the end of the lease agreement. When dealing with a month-to-month tenant, a landlord may increase rent at any time so long as the appropriate notice is provided. (Del. Code § 5107)

Questions? To chat with a Delaware landlord tenant attorney, Click here

When is it Illegal to Raise Rent?

According to the Federal Fair Housing Act, it is illegal for a landlord to raise rent based on the age, sex, race, religion, nation or origin, familial status, or disability status of a tenant.

It is also illegal for a landlord to increase rent in retaliation for a tenant practicing his/her tenant rights.

Is There a Rent Increase Limit?

There is no statute on a maximum amount a landlord can increase rent.

How Much Notice is Needed for Raising Rent?

A landlord is required to provide a 60-Day Notice before rent may be increased. The tenant has 15 days to terminate the tenancy or agree to the proposed rent increase. (Del. Code § 5106)

For a FREE rent increase notice template, click here.

How Often Can Rent Be Increased?

Rent shall only be increased once during a 12-month period regardless of the term of tenancy. A rent increase shall only be imposed when it is stated in the lease agreement.

Laws Regarding Late Fees

The state of Delaware allows a landlord to charge a late fee of no more than 5% of the rent payment. The late fee can only be charged after payment is at least 5 days late. (Del. Code § 5501(d))

Laws Regarding Bounced Check Fees

A Delaware landlord may charge up to $40 for a payment returned for insufficient funds.

Cities in the State With Rent Control

The state has no legislation regarding rent control or stabilization. There is no legislation preempting municipalities from establishing ordinances regarding rent control.