Rent Increases & Fees in Delaware

Rent Increases & Fees in Delaware

Last Updated: April 26, 2022 by Elizabeth Souza

In Delaware, there is no legislation regarding rent control or stabilization. Delaware law provides for Home Rule through legislative statute for municipalities. Delaware landlord-tenant laws are primarily governed by 25 Del. Code § 53.

Quick Facts
Rent Control No Statute
Minimum Notice for Rent Increases 60 days
Max. Late Fee 5% of rent payment
Max. Bounced Check Fee $40

When Can a Landlord Increase Rent in Delaware?

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 in Delaware?

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 in Delaware?

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

How Much Notice Is Needed for Raising Rent in Delaware?

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 in Delaware?

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 in Delaware

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 in Delaware

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

Delaware Cities 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.