Delaware Landlord Selling the House
Delaware rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If the landlord's interest in a rental is sold or transferred and the tenant used a surety bond instead of a cash security deposit, the new landlord must accept the tenant's surety bond and may not require an additional security deposit during the current lease term. 25 Del. C. § 5514A(j)
The rules in Delaware
| If the landlord sells the property | If the landlord's interest in a rental is sold or transferred and the tenant used a surety bond instead of a cash security deposit, the new landlord must accept the tenant's surety bond and may not require an additional security deposit during the current lease term. When the lease is renewed, the new landlord may not require a bond or deposit that, together with the existing one, is more than one month's rent. This rule covers surety bonds; the Landlord-Tenant Code sections reviewed do not set a separate notice the seller or buyer must give tenants. Source: 25 Del. C. § 5514A(j) |
|---|---|
| Tenants in foreclosure | 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. The 5-day holdover ground does not override the federal PTFA. Re-verified 2026-10-27. |
Related questions
Delaware vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Delaware | If the landlord's interest in a rental is sold or transferred and the tenant used a surety bond instead of a cash security deposit, the new landlord must accept the tenant's surety bond and may not require an additional security deposit during the current lease term. When the lease is renewed, the new landlord may not require a bond or deposit that, together with the existing one, is more than one month's rent. 25 Del. C. § 5514A(j) | 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) |
| Maryland | If the landlord sells or transfers the rental (including in receivership or bankruptcy), the landlord or the landlord's estate stays liable to the tenant and the buyer for any part of the security deposit (and required interest) that the landlord does not hand over to the new owner along with an accounting showing the amount and date of the deposit, interest-rate records, and the tenant's name and last known address. Any successor owner is liable to the tenant for failing to return the deposit with interest. If the tenant used a surety bond instead of a deposit, the new landlord must accept the bond and may not demand an additional deposit during the current lease term. Md. Code, Real Prop. §8-203(d)(3)-(4), (i)(11) | Maryland adopts PTFA-style protections. A foreclosure buyer takes the property subject to bona fide tenants' rights and must give a 90-day notice to vacate, sent by first-class AND certified mail, return receipt requested, stating its date, the effective date and the basis. A bona fide lease generally continues to its end, unless the buyer will live there as a primary residence (then 90 days). Longer state or local protections still apply. A landlord who has received a notice of intent to foreclose may end month-to-month tenancies with 30 days' notice (60 days for year-to-year). Md. Code, Real Prop. § 7-105.8(a)-(b); § 8-402(c)(4)(ii) |
| New Jersey | A tenant protected by the Anti-Eviction Act may not be removed by the landlord's successor in ownership except for good cause (or in narrow federal-law or government-enforcement cases). The buyer must obtain the security deposits and accrued interest from the seller; whether or not they are transferred, the buyer becomes responsible for investing the deposit, giving the required notices, paying interest, and returning the deposit with interest. A seller who turns the deposit and the tenant's share of interest over to the buyer is released from liability for repaying it. N.J.S.A. 2A:18-61.3(b); N.J.S.A. 46:8-21 | Foreclosure alone is not grounds to evict. The Anti-Eviction Act's good-cause rules bind the new owner. Within 10 business days after taking title through a sheriff's sale or deed in lieu, the new owner must give tenants a notice in English and Spanish. The notice says where to pay rent, that the tenant is protected by the Anti-Eviction Act, and gives the new owner's contact information. In buildings of 10 or fewer units, it must be posted on each unit door and sent by certified and regular mail. The foreclosing party and new owner may not pressure tenants to leave (except by a bona fide cash-for-keys offer, with a 5-business-day review period). Violations bring $2,000 per violation or other civil remedies at the tenant's choice. N.J.S.A. 2A:50-70, 2A:50-71 (P.L.2009, c.296) |
| Pennsylvania | Anyone who buys rental property takes on the same duties, and gets the same rights and remedies, as the seller had (Landlord and Tenant Act § 104). Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a specific procedure for the seller to transfer the security deposit to the buyer or to notify tenants of the sale. Landlord and Tenant Act of 1951 § 104; Act reviewed | No state statute found — the Landlord and Tenant Act of 1951 has no foreclosure or sale protections for tenants beyond the federal PTFA. Landlord and Tenant Act of 1951 checked |
More Delaware rental law
- Delaware Security Deposit Law
- Delaware Eviction Laws
- Delaware Notice to Vacate Rules
- Landlord Entry Rules in Delaware
- Delaware Repairs & Tenant Remedies
- Delaware Rent Increase & Late Fee Laws
- Breaking a Lease in Delaware
- Squatters' Rights in Delaware
- Delaware Rental Fee Rules
- Delaware Section 8, Records & Right to Counsel
- Delaware Mold, Pests, Heat & AC Rules
- Delaware Privacy, Guests & Animal Rules
- Delaware Lockouts, Utility Shutoffs & Retaliation
- Delaware Subletting, Lease Endings & Tenant Death
- All Delaware landlord-tenant rules
- Free legal help in Delaware
Compare landlord selling the house in all 50 states and DC →
Delaware Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Delaware?
If the landlord's interest in a rental is sold or transferred and the tenant used a surety bond instead of a cash security deposit, the new landlord must accept the tenant's surety bond and may not require an additional security deposit during the current lease term. When the lease is renewed, the new landlord may not require a bond or deposit that, together with the existing one, is more than one month's rent. (25 Del. C. § 5514A(j))
What are tenants' rights in a foreclosure in Delaware?
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))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.