Delaware Landlord-Tenant Laws
This overview summarizes common Delaware landlord-tenant topics using published statute references (Delaware Code Title 25). Laws change — confirm details with official sources.
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Delaware at a glance: Security deposit limit: 1 month's rent. Return deadline: 20 days. Month-to-month notice: 60 days. Source: Delaware Code Title 25.
Security deposit
- Maximum deposit
- 1 month's rent
- Return deadline
- 20 days
- Interest required
- No statutory requirement
The rule: 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).
Landlords should provide an itemized deduction list when withholding any portion of the deposit.
Source read · 25 Del. C. § 5514
Eviction notice
- Nonpayment of rent
- 5 days notice
- Lease violation
- 7 days notice
Court filing and service rules vary by county. Use our eviction timeline calculator for planning.
Notice to vacate
- Month-to-month lease
- 60 days notice
- Fixed-term lease
- No notice required if lease ends
Late rent fees
- Grace period
- 5 days
- Maximum late fee
- 5% of monthly rent
Additional regulations
- Rent control
- No statewide rent control
- Landlord entry notice
- 2 days
Primary statute reference: Delaware Code Title 25
Sources
When to use Delaware document templates
Use LeaseCraft templates when you need PDF and editable DOCX lease and notice forms built for Delaware landlords and tenants. Start with the residential lease generator, then add notices from the list of Delaware documents.
Common mistakes in Delaware
- Relying on verbal agreements instead of a written lease with required disclosures
- Missing the security deposit return deadline (20 days)
- Serving eviction or termination notices with incorrect day counts
Frequently asked questions
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In Delaware the security deposit limit is 1 month's rent. The return deadline is 20 days. 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).
Confirm current rules in Delaware Code Title 25.
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Delaware month-to-month tenancies typically require 60 days written notice unless the lease specifies otherwise.
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Use our Delaware lease agreement generator to build a residential lease with state-structured clauses. Preview free before download.
Educational summary only, not legal advice. Consult a licensed attorney in your state for specific guidance. LeaseCraft is not a law firm. Statutes change — verify requirements with official Delaware sources before relying on this information.
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