Delaware Residential Lease Agreement

• Max 1 month's rent for a lease of a year or more; no limit for a furnished unit or during the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month is also allowed. Within 20 days after the lease ends the landlord must return the deposit, or send an itemized list of damages with repair estimates and the balance; otherwise the tenant is treated as owing nothing for damage, and wrongful retention can cost double (25 Del. C. § 5514).

Reviewed 5 Oct 2026 · 25 Del. C. § 5514

Reviewed 5 Oct 2026 · 25 Del. C. § 5514

• Either party; minimum 60 days' written notice; the 60-day period begins on the first day of the month following the day of actual notice (§ 5106(d)).

Quoted from the source: “a minimum of 60 days' written notice, which 60-day period shall begin on the first day of the month following the day of actual notice”

Exceptions:

• Federally subsidized units: federal law controls in a conflict (§ 5106(e)).

Reviewed 27 Sep 2026 · 25 Del. C. § 5106(d), (e)

• To end a fixed-term rental agreement at expiration the landlord must give a minimum of 60 days' written notice prior to expiration of the term (§ 5106(c)); absent timely notice the term becomes month-to-month on the same terms (§ 5108).
• A tenant who stays after termination without consent owes up to double the monthly rent, pro-rated daily, plus further losses (§ 5515(b)).

Quoted from the source: “by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term”

Reviewed 27 Sep 2026 · 25 Del. C. § 5106(c); § 5108; § 5515(b)

• No statewide just-cause requirement for conventional rentals; month-to-month and fixed-term tenancies end on 60 days' notice (§ 5106(c)-(d)).

Quoted from the source: “the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days' written notice”

Reviewed 27 Sep 2026 · 25 Del. C. § 5106

• Written demand may be given only after the window between the rent due date and the date late fees may be imposed (late fee may not be imposed within 5 days of the agreed payment time, § 5501(d)) — i.e. rent must be more than 5 days late.
• Notice must state that unless payment is made within the time stated, being not less than 7 days after the date notice was given or sent, the rental agreement shall be terminated / landlord may file (§ 5502(a)).
• Right of redemption: if the tenant (or someone on the tenant's behalf) pays all rent due before the action is filed, the landlord may not file; payment of all rent due under the lease after filing defeats the action (§ 5502(c)-(d)); after judgment the landlord may require certified check or money order.

Quoted from the source: “within a time mentioned in such notice, to be not less than 7 days after the date notice was given or sent”

Reviewed 27 Sep 2026 · 25 Del. C. § 5502(a), (c), (d) (as amended by 85 Del. Laws c. 436, § 1); § 5501(d)

• Written notice must substantially specify the rule or covenant breached and advise that if the violation continues after 7 days the landlord may terminate and bring summary possession (§ 5513(a)(1)).
• Landlord may instead remedy a remediable breach and bill the tenant (§ 5513(a)(2)).

Quoted from the source: “shall allow at least 7 days after such notice for remedy or correction of the breach”

Exceptions:

• Substantially similar breach within 1 year: landlord may rely on the earlier notice as grounds for summary possession without a new cure period (§ 5513(a)).
• Breach that is also a material breach of a municipal, county or state code: landlord may terminate and bring summary possession (§ 5513(a)(3)).

Reviewed 27 Sep 2026 · 25 Del. C. § 5513(a)

• Breach that causes or threatens irreparable harm to any person or property, or conviction during the tenancy of a class A misdemeanor or felony that caused or threatened irreparable harm: landlord may immediately terminate the rental agreement upon notice to the tenant and bring summary possession (§ 5513(b)).

Quoted from the source: “immediately terminate the rental agreement upon notice to the tenant and bring an action for summary possession”

Reviewed 27 Sep 2026 · 25 Del. C. § 5513(b)

• Entry for repairs is limited to the hours of 8:00 a.m. to 9:00 p.m..

Reviewed 21 Oct 2026 · 25 Del. C. § 5509

• 25 Del. C. § 5113: (a) personal service on the tenant, or leaving a copy at the rental unit or usual place of abode with an adult residing there; (b) registered or certified mail, or first-class mail evidenced by a certificate of mailing, to the address in the lease (return receipt — signed, refused or unclaimed — or certificate of mailing is prima facie evidence of service); (c) alternatively, posting on the rental unit combined with a return receipt or certificate of mailing, or personal service by a court-appointed special process server.

Quoted from the source: “Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing”

Reviewed 27 Sep 2026 · 25 Del. C. § 5113(a)-(c)

• No statutory form; mandatory contents: the § 5502(a) demand must state that unless payment is made within the stated period (not less than 7 days) the agreement terminates / landlord may file; the § 5513(a)(1) notice must substantially specify the rule breached and advise that the landlord may terminate if the violation continues after 7 days.

Quoted from the source: “Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days”

Reviewed 27 Sep 2026 · 25 Del. C. § 5502(a); § 5513(a)(1)