Question 1

How much can a landlord charge for a security deposit in Delaware?

Accepted Answer

1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal).
25 Del. C. § 5514(a), (i)

Question 2

How long does a landlord have to return a security deposit in Delaware?

Accepted Answer

20 days after the lease expires or terminates. (25 Del. C. § 5514(e)-(f))

Question 3

Does a landlord have to pay interest on a security deposit in Delaware?

Accepted Answer

Not required. The statute does not require interest on security deposits. (25 Del. C. § 5514)

Question 4

Does a landlord in Delaware have to give an itemized list of deposit deductions?

Accepted Answer

Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. (25 Del. C. § 5514(f))

Question 5

What happens if a landlord in Delaware wrongfully keeps a security deposit?

Accepted Answer

Double the amount wrongfully withheld if not returned within 20 days. Failure to disclose the escrow account location within 20 days of written request, or using a non-compliant bank, forfeits the deposit to the tenant (double if not then returned within 20 days). (25 Del. C. § 5514(g))

Question 6

How much notice does a landlord have to give before evicting for unpaid rent in Delaware?

Accepted Answer

After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent.
25 Del. C. § 5502(a), (c)

Question 7

How much notice is required to evict for a lease violation in Delaware?

Accepted Answer

Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. (25 Del. C. § 5513)

Question 8

How much notice is needed to end a month-to-month lease in Delaware?

Accepted Answer

Either landlord or tenant: at least 60 days' written notice; the 60 days start on the first day of the month after notice is actually given. (25 Del. C. § 5106(d))

Question 9

Can a landlord enter without notice in Delaware?

Accepted Answer

At least 48 hours' notice, entry only between 8:00 a.m. and 9:00 p.m., except for tenant-requested repairs. Emergency entry allowed at any time. Tenant may waive the 48-hour notice only for showings to prospective tenants or buyers, in a signed addendum. (25 Del. C. § 5509)

Question 10

Is there a limit on late fees in Delaware?

Accepted Answer

Capped at 5% of the monthly rent, and cannot be charged until rent is more than 5 days late. If the landlord has no office in the county where rent can be paid, the due date is extended 3 days. (25 Del. C. § 5501(d))

Question 11

Can a tenant repair and deduct from rent in Delaware?

Accepted Answer

If the landlord fails to make required repairs within 30 days of written notice (or fails to begin corrective steps within 10 days), tenant may have the work done and deduct up to the lesser of $400 or one-half of one month's rent, with receipts. (25 Del. C. § 5307)

Question 12

Can a tenant withhold rent for repairs in Delaware?

Accepted Answer

Only for essential services: if hot water, heat, water, or electricity (that the landlord must supply) is substantially unavailable for 48 hours or more after notice, tenant may withhold two-thirds of the per diem rent for the period, or terminate, or obtain substitute housing (landlord liable for added cost up to one-half of the abated rent). (25 Del. C. § 5308)

Question 13

Can a landlord retaliate against a tenant for complaining in Delaware?

Accepted Answer

Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). (25 Del. C. § 5516)

Question 14

Is there rent control or a limit on rent increases in Delaware?

Accepted Answer

No rent control or rent-increase cap in the Residential Landlord-Tenant Code. Rent increases take effect at renewal with 60 days' written notice. (25 Del. C. §§ 5106, 5107)

Question 15

Can a landlord change the locks or shut off utilities in Delaware?

Accepted Answer

Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. (25 Del. C. §§ 5313, 5312(e))

Question 16

What is the small claims court limit in Delaware for a deposit dispute?

Accepted Answer

$25,000 (Justice of the Peace Court civil jurisdiction; Delaware has no separate small claims court) (Justice of the Peace Court jurisdiction page)

Question 17

What can a landlord do with a tenant's abandoned property in Delaware?

Accepted Answer

After a writ of possession is executed (24 hours' notice to the occupant), the landlord may remove and store belongings left behind at the tenant's expense for 7 days (30 days for a manufactured home); if they are not claimed and removal/storage costs reimbursed by then, the property is deemed abandoned and may be disposed of without further notice. If an appeal is pending, storage runs until 7 days after the appeal is decided. The writ must carry statutory notice language. Deceased sole tenant: 7-day storage at the estate's expense. (25 Del. C. §§ 5715(b), (e)-(f); 5507(e); 5719(c))

Question 18

Is there a limit on rental application fees in Delaware?

Accepted Answer

Capped at the greater of 10% of the monthly rent or $50. Landlord must give a receipt for the full amount and keep application-fee records for at least 2 years; demanding more than allowed entitles the applicant to double the fee charged. Credit/investigation charges may not exceed the specific cost of the investigation, and no other 'assurance money' may be taken from an applicant (other than a deposit reserving the unit for a set time). Application records must be kept 6 months; the AG Consumer Protection Unit enforces. (25 Del. C. §§ 5514(d), 5310)

Question 19

What rental fees are banned or limited in Delaware?

Accepted Answer

A landlord may not charge any nonrefundable fee as a condition of occupancy, except optional fees for actual services (e.g., pool or tennis court fee). Late charges are capped at 5% of monthly rent and cannot be imposed until rent is more than 5 days late; if the landlord has no in-county office for payment, the due date is extended 3 days. Cash rent payments require a receipt within 15 days. (25 Del. C. §§ 5311, 5501(d)-(e))

Question 20

Can a domestic violence survivor break a lease in Delaware?

Accepted Answer

A tenant who is a victim of domestic abuse, sexual offenses or stalking, or who has obtained or is seeking relief from a court, police agency, or domestic violence program, may end the tenancy on 30 days' written notice (the 30 days start on the first day of the month after notice is given). Separately, the landlord may not evict, raise rent, or cut services because of the victimization (rebuttable presumption within 90 days of an incident); this protection does not apply to a tenant otherwise delinquent in rent. (25 Del. C. §§ 5314(b)(6), 5316)

Question 21

When can a tenant break a lease without penalty in Delaware?

Accepted Answer

On 30 days' written notice (starting the first day of the next month): job relocation by the current employer of more than 30 miles; serious illness of the tenant, or death/serious illness of a resident immediate family member, requiring a permanent move; acceptance into senior housing, a group/cooperative facility or retirement home; acceptance into government- or nonprofit-subsidized housing; entering active-duty U.S. military service after signing; and termination by the surviving spouse or personal representative on the tenant's death. A deceased sole tenant's unit may be returned to the landlord without suit under § 5719. (25 Del. C. §§ 5314(b), 5719)

Question 22

Can an eviction record be sealed or removed in Delaware?

Accepted Answer

By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. (25 Del. C. § 5720 (85 Del. Laws c. 106))

Question 23

Can a landlord refuse Section 8 vouchers in Delaware?

Accepted Answer

Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. (6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116)

Question 24

Do tenants have a right to a free lawyer in eviction cases in Delaware?

Accepted Answer

Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. (25 Del. C. §§ 5601-5607)

Question 25

What does a Delaware notice to pay rent or quit have to include?

Accepted Answer

Written demand for the past-due rent, given only after the 5-day late-fee grace period, stating that unless payment is made within a stated time of at least 7 days after the notice is given or sent, the landlord may file a court action to terminate the rental agreement. Service: personally, by leaving a copy with an adult at the unit, by registered/certified mail or first-class mail with a certificate of mailing, by posting on the unit combined with a return receipt or certificate of mailing, or by a court-appointed special process server. The Coordinator-approved right-to-counsel information must be provided with the notice. (25 Del. C. §§ 5502(a), 5113, 5606(3))

Question 26

What does a Delaware notice to end a month-to-month tenancy have to include?

Accepted Answer

Written notice of at least 60 days by either party; the 60 days begin on the first day of the month after actual notice. Same service methods as all Code notices (personal, adult at residence, registered/certified/first-class mail with certificate of mailing, posting plus mailing, or special process server). For tenancies terminable only for good cause, the landlord must also include right-to-counsel information. (25 Del. C. §§ 5106(d), 5113, 5606(3))

Question 27

What must a Delaware security deposit itemization include?

Accepted Answer

Within 20 days after the lease ends: an itemized list of damages with the estimated repair cost for each, plus payment of the difference between the deposit and those costs. Sent to the tenant's address in the lease or a written forwarding address given at or before move-out. Failure to provide the list is an acknowledgment that nothing is owed for damages; the tenant accepts the deductions by accepting payment unless the tenant objects in writing within 10 days of receipt. (25 Del. C. § 5514(f), (h))

Question 28

How long does a landlord have to sue for unpaid rent in Delaware?

Accepted Answer

3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years of when the claim accrues. Delaware sets no separate, longer period for ordinary written leases. A written contract involving at least $100,000 may set its own period of up to 20 years. (10 Del. C. § 8106(a), (c))

Question 29

Can a landlord accept rent during an eviction in Delaware?

Accepted Answer

Delaware requires landlords to take rent rather than treating acceptance as a waiver. A landlord may not refuse rent paid by or on behalf of the tenant, but may limit payment to the methods the lease allows. After a judgment, the landlord may require a certified check or money order. If all rent due is paid before the landlord files, the landlord may not file an eviction for that nonpayment. If all rent due is paid after filing, the landlord may not continue that nonpayment case. Even after a judgment for nonpayment, the tenant may redeem the unit at any time before the eviction is carried out by paying all past-due amounts set by the court, plus court costs and fees. This right does not apply if the tenant already had 2 nonpayment judgments in the prior 18 months. No statute addresses partial payments. (25 Del. C. § 5502(c)-(d); § 5716A(b))

Question 30

Can you be evicted in the winter in Delaware?

Accepted Answer

No statute. Delaware's Residential Landlord-Tenant Code has no winter or cold-weather limit on evictions. (25 Del. C. Chs. 51-57 (checked))

Question 31

Can a landlord give notice by text or email in Delaware?

Accepted Answer

Any notice required by the Code may be: (1) served personally, or left at the tenant's unit or usual home with an adult who lives there (or, for the landlord, at the address in the lease, with an adult resident or an employee responsible for receiving notices); or (2) sent by registered, certified, or first-class mail with a certificate of mailing to the tenant at the rental unit. The signed, refused, or unclaimed return receipt, or the certificate of mailing, is prima facie proof of service. Alternatively, the notice may be posted on the unit together with a return receipt or certificate of mailing, or served by a court-appointed special process server. The general rule does not provide for email. Email or a portal is allowed for certain bed bug notices. (25 Del. C. § 5113; § 5317)

Question 32

How much notice is required for a rent increase in Delaware?

Accepted Answer

To renew a lease with changed terms, including a rent increase, the landlord must give at least 60 days' written notice before the lease expires. The notice must state the new terms, the rent and deposit amounts, and the effective date. Unless the tenant gives notice to end the lease at least 45 days before the term ends, the new terms are deemed accepted. If the tenant rejects them, the renewal notice acts as a termination notice. Month-to-month tenancies are ended by either side with at least 60 days' written notice, counted from the first day of the month after actual notice. Tenants whose rent is based on income under HUD rules follow HUD rules instead. (25 Del. C. § 5107; § 5106(d); § 5108)

Question 33

Does a landlord have to give a copy of the lease in Delaware?

Accepted Answer

Yes. If there is a written lease, the landlord must give the tenant a copy free of charge. Each written lease must prominently disclose the names and usual business addresses of all owners (or their resident agents) and of anyone deemed a landlord. For an oral lease, the landlord must provide this information in writing when asked. At the start of the tenancy, the landlord must give the tenant the Attorney General's summary of the Landlord-Tenant Code. If the landlord does not, the tenant may plead ignorance of the law as a defense. Under 85 Del. Laws c. 277, the landlord must also provide the state's Rights and Responsibilities Guide before the tenant signs, and again at each renewal of one year or more. The tenant acknowledges receipt, and paper or electronic format is allowed. (25 Del. C. § 5105(a)-(b); § 5118; § 5124)

Question 34

What are tenants' rights in a foreclosure in Delaware?

Accepted Answer

No state tenant-protection statute found in the Landlord-Tenant Code. The Code only lists, as a ground for summary possession, a tenant holding over more than 5 days after the property is sold at foreclosure and title is perfected. Federal PTFA protections (90-day notice and the right to finish a bona fide lease) govern in practice. (25 Del. C. § 5702(6); 25 Del. C. Chs. 51-57 (checked))

Question 35

Does a landlord have to fix mold in Delaware?

Accepted Answer

No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. (25 Del. C. § 5305(a)(1)-(2), (4))

Question 36

Who pays for pest control and bed bugs in Delaware?

Accepted Answer

Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. (25 Del. C. § 5317)

Question 37

Does a landlord have to provide heat in Delaware?

Accepted Answer

Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. (25 Del. C. §§ 5305(b)(2), 5308)

Question 38

Does a landlord have to provide air conditioning in Delaware?

Accepted Answer

No state requirement to provide air conditioning and no maximum indoor temperature. The landlord must keep any electrical, plumbing and other facilities it supplies in good working order. (25 Del. C. § 5305(a)(5))

Question 39

What can a landlord deduct from a deposit for cleaning or damage in Delaware?

Accepted Answer

Defined by statute as the deterioration in the condition of a property from its ordinary and reasonable use. A security deposit may be used to reimburse actual damages caused by the tenant that exceed normal wear and tear or that cannot be corrected by painting and ordinary cleaning, plus unpaid rent and certain re-renting costs. The landlord must give an itemized list of damages and estimated repair costs within 20 days; otherwise it is treated as acknowledging no damages are owed. (25 Del. C. §§ 5141 (normal wear and tear), 5514(c), (f))

Question 40

Can a landlord put cameras in or around a rental in Delaware?

Accepted Answer

No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a private place to pick up sounds from inside that would not ordinarily be audible. Recording people undressing where they expect privacy, and intercepting private communications without consent, are also crimes. (11 Del. C. § 1335(a)(1)-(4), (6); 25 Del. C. § 5509)

Question 41

Can a landlord limit guests or roommates in Delaware?

Accepted Answer

No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. (25 Del. C. § 5512)

Question 42

Can a landlord deny a service or emotional support animal in Delaware?

Accepted Answer

A landlord may require a pet deposit of up to one month's rent, but may not require any pet deposit for a certified and trained support animal for a disabled resident of the unit. A 'support animal' is defined as an animal individually trained to do work or tasks for a disabled person. Delaware has no state statute on emotional support animal documentation or misrepresentation penalties; reasonable-accommodation requests are governed by state and federal fair housing law. (25 Del. C. §§ 5514(i), 5141 (support animal))

Security deposit limit	1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). Tenant may offer a surety bond instead of all or part of the deposit; landlord need not accept; bond plus deposit cannot exceed 1 month's rent (§ 5514A). Deposit must be held in a federally insured escrow account at a bank with a Delaware office (§ 5514(b)). Source: 25 Del. C. § 5514(a), (i)
Deposit return deadline	20 days after the lease expires or terminates. Tenant must give a written forwarding address at or before termination; without it the landlord is excused from notice and double damages but still owes the unused deposit, and tenant must claim it in writing within 1 year (§ 5514(h)). Source: 25 Del. C. § 5514(e)-(f)
Itemized deductions	Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. Source: 25 Del. C. § 5514(f)
Interest on deposits	Not required. The statute does not require interest on security deposits. Source: 25 Del. C. § 5514
Penalty for withholding	Double the amount wrongfully withheld if not returned within 20 days. Failure to disclose the escrow account location within 20 days of written request, or using a non-compliant bank, forfeits the deposit to the tenant (double if not then returned within 20 days). Source: 25 Del. C. § 5514(g)

Notice for unpaid rent	After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. Changed from 5 to 7 days by 85 Del. Laws c. 436 (SS 1 for SB 116, signed Aug. 18, 2026, effective Sept. 1, 2026), which also created the right of redemption (§ 5716A). The Delaware DOJ tenant summary (Oct. 2024, posted Apr. 2026) still says 5 days; the Code controls for notices given on or after Sept. 1, 2026. Source: 25 Del. C. § 5502(a), (c)
Notice for lease violations	Written notice and at least 7 days to cure a material breach of the lease or rules. If a substantially similar breach recurs within 1 year, no new cure notice is needed. No cure period where the breach causes or threatens irreparable harm, or for certain criminal convictions. Source: 25 Del. C. § 5513
Lockouts & utility shutoffs	Without a valid court order, a landlord may not oust or exclude the tenant. Tenant may recover possession or terminate, and recover the greater of treble damages or 3 times per diem rent for the exclusion period, plus costs (not attorney fees). Landlord may not shut off utility service for nonpayment of rent or utility charges or for any other breach. Source: 25 Del. C. §§ 5313, 5312(e)

Repair and deduct	If the landlord fails to make required repairs within 30 days of written notice (or fails to begin corrective steps within 10 days), tenant may have the work done and deduct up to the lesser of $400 or one-half of one month's rent, with receipts. Source: 25 Del. C. § 5307
Withholding rent	Only for essential services: if hot water, heat, water, or electricity (that the landlord must supply) is substantially unavailable for 48 hours or more after notice, tenant may withhold two-thirds of the per diem rent for the period, or terminate, or obtain substitute housing (landlord liable for added cost up to one-half of the abated rent). For substantial deprivation, tenant may terminate if not fixed within 15 days of written notice (§ 5306). Source: 25 Del. C. § 5308
Retaliation protection	Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). § 5516(d) lists 12 defenses (e.g., good-faith owner occupancy, demolition). Source: 25 Del. C. § 5516

Rent control / increase limits	No rent control or rent-increase cap in the Residential Landlord-Tenant Code. Rent increases take effect at renewal with 60 days' written notice. Whether a statute preempts local rent control was not verified. Manufactured-home lot rent is governed separately (25 Del. C. Ch. 70), not reviewed. Source: 25 Del. C. §§ 5106, 5107
Late fees	Capped at 5% of the monthly rent, and cannot be charged until rent is more than 5 days late. If the landlord has no office in the county where rent can be paid, the due date is extended 3 days. Source: 25 Del. C. § 5501(d)

Section 8 / source of income	Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. § 5116 (Title 25) at https://delcode.delaware.gov/title25/c051/sc01/index.html. Owner-occupied buildings of 4 or fewer units are largely exempt from § 4603 (§ 4607(e)); § 4607 has versions effective until and after Dec. 31, 2028. Source: 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116
Eviction record sealing	By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. Not automatic. Effective date of 85 Del. Laws c. 106 not verified. Source: 25 Del. C. § 5720 (85 Del. Laws c. 106)
Right to a lawyer in eviction	Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. Disclosure duties apply from Nov. 22, 2023 (§ 5606). Source: 25 Del. C. §§ 5601-5607

Delaware Landlord-Tenant Law

Quick answers for Delaware

Security Deposits in Delaware

Eviction in Delaware

Notice to Vacate in Delaware

Landlord Entry in Delaware

Repairs & Habitability in Delaware

Rent Increases & Late Fees in Delaware

Breaking a Lease in Delaware

Squatters & Abandoned Property in Delaware

Rental Fees in Delaware

Section 8, Records & Right to Counsel in Delaware

Mold, Pests, Heat & AC in Delaware

Privacy, Guests & Animals in Delaware

How eviction works in Delaware

What surprises people about Delaware rental law

Federal law that also applies in Delaware

Eviction by county in Delaware

For landlords

Common Delaware questions

Free calculators

How Delaware compares to neighboring states

Delaware landlord-tenant FAQ

Official resources for Delaware

Mold	No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. If the landlord materially fails to comply with codes affecting the premises, the tenant may use the remedies in §§ 5306-5307, including termination or repair and deduction from rent after written notice. A 2025 act (85 Del. Laws c. 98) added a lead-safe requirement to § 5305 with phased implementation. Source: 25 Del. C. § 5305(a)(1)-(2), (4)
Pests & bed bugs	Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. Added by 83 Del. Laws c. 451. Entry for bed-bug inspection or treatment requires the notice in § 5509. Other pests fall under the general habitability duty in § 5305. Source: 25 Del. C. § 5317
Heat	Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. Local housing codes (e.g., Wilmington, New Castle County) may require heat and set temperatures; not reviewed. Source: 25 Del. C. §§ 5305(b)(2), 5308
Air conditioning	No state requirement to provide air conditioning and no maximum indoor temperature. The landlord must keep any electrical, plumbing and other facilities it supplies in good working order. Source: 25 Del. C. § 5305(a)(5)

Cameras & privacy	No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a private place to pick up sounds from inside that would not ordinarily be audible. Recording people undressing where they expect privacy, and intercepting private communications without consent, are also crimes. A tenant is the person entitled to privacy in the rented unit, so a landlord may not install recording devices inside it without the tenant's consent. The landlord must give at least 48 hours' notice before entering (except tenant-requested repairs), may enter only 8:00 a.m. to 9:00 p.m., and may not use access to harass (§ 5509(b)). Source: 11 Del. C. § 1335(a)(1)-(4), (6); 25 Del. C. § 5509
Guests & occupants	No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. A revised § 5512 takes effect March 8, 2027. Local codes may set occupancy limits. Source: 25 Del. C. § 5512
Service & support animals (state law)	A landlord may require a pet deposit of up to one month's rent, but may not require any pet deposit for a certified and trained support animal for a disabled resident of the unit. A 'support animal' is defined as an animal individually trained to do work or tasks for a disabled person. Delaware has no state statute on emotional support animal documentation or misrepresentation penalties; reasonable-accommodation requests are governed by state and federal fair housing law. Because the statutory definition requires individual training, the pet-deposit exemption may not reach untrained emotional support animals by its terms; federal Fair Housing Act rules may still bar the fee for an approved assistance animal. Source: 25 Del. C. §§ 5514(i), 5141 (support animal)

State	Security deposit limit	Deposit return deadline	Notice for unpaid rent
Delaware	1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i)	20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f)	After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c)
Maryland	1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3)	Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1)	Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c)
New Jersey	1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2	Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1	No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3
Pennsylvania	First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a)	30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a))	10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b))