Renter rights by state

Delaware renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

Delaware's Residential Landlord-Tenant Code (Title 25 of the Delaware Code) spells out most renter rights in one place, with fairly specific numbers. Here are the parts a first-time renter will use most.

Quick facts

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

• Cap: no more than one month's rent when the lease is for a year or more. For month-to-month or open-ended tenancies, once you have rented for a year, anything above one month's rent must be credited back to you. A separate pet deposit can't be more than one month's rent.
• Return: within 20 days after the lease ends, the landlord must return the deposit or send an itemized list of damages with estimated repair costs and pay you the difference.
• Penalty: if the landlord misses the 20-day deadline, you can recover double the amount wrongly withheld.
• Application fees: limited to the greater of 10% of monthly rent or $50, with a receipt.

Leave a forwarding address in writing, and take dated photos at move-out as well as move-in.

Rent increases and late fees

Delaware has no statewide rent control. To renew your lease with higher rent or other changes, the landlord must give you at least 60 days' written notice before the lease ends.

A late fee can't be more than 5% of the monthly rent, and it can't be charged until rent is more than 5 days late. If the landlord doesn't keep an office in your county where you can pay rent in person, the law can give you extra time.

Ending a month-to-month tenancy

Either you or the landlord can end a month-to-month tenancy with at least 60 days' written notice. The 60 days start on the first day of the month after the notice is given — so give notice early. For a one-year-or-longer lease, either side who doesn't want to renew should also give 60 days' written notice before it ends.

When the landlord can come in

You can't unreasonably refuse entry for inspections, repairs, or showings, but the landlord must give at least 48 hours' notice, except for repairs you asked for or emergencies, and can't use access to harass you. You may add a new lock at your own cost if you tell the landlord in writing, give them a key, and don't damage the door.

Repairs and living conditions

The landlord must keep the unit in good repair and up to code. If you notify the landlord in writing and they don't fix the problem within 30 days (or don't start reasonable steps, such as getting an estimate, within 10 days), you can have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, by giving the landlord copies of the receipts.

For essential services — heat, water, hot water, or electricity — the timeline is much shorter. If the problem continues 48 hours after you give notice, Delaware law gives you options that can include ending the lease, getting substitute housing while rent stops, or withholding part of the rent. Read the statute or get advice before you withhold. Delaware also has specific landlord duties for bed bugs.

Eviction basics

• Unpaid rent: the landlord must give a written demand allowing at least 7 days to pay before filing for eviction (summary possession) in Justice of the Peace Court.
• Court only: removing or locking you out without a valid court order is illegal. You can get back in or end the lease, and recover triple your damages or a set amount tied to your rent.
• Help in court: Delaware has an eviction diversion program and the right to request a new trial within 5 days of a judgment.

Retaliation and discrimination

A landlord can't try to evict you, raise your rent, or cut services in retaliation for good-faith complaints to the landlord or a government agency, joining a tenant group, or using your rights under the Code. Victims of domestic abuse, sexual offenses, or stalking also have specific protections.

Federal and Delaware fair housing laws ban discrimination based on race, color, religion, sex, national origin, disability, and familial status, and Delaware adds more categories. Contact the Division of Human Relations if you think you were treated unfairly.

Move-in checklist for Delaware renters

• ☐ Get a written lease and read all of it before signing
• ☐ Get a receipt for the deposit and any move-in money
• ☐ Photograph every room, dated, before you unpack
• ☐ Fill out (or write your own) move-in condition list and keep a copy
• ☐ Note the rent due date, grace period, and late fee
• ☐ Write down how to request repairs, and do it in writing
• ☐ Save the landlord's legal name and address for notices
• ☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in Delaware

• Delaware Attorney General — Consumer Protection Unit — landlord-tenant complaints and information.
• Delaware Courts — landlord/tenant help — how eviction cases work in Justice of the Peace Court.
• Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
• File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

• Community Legal Aid Society (CLASI) — free legal help for eligible renters.
• Legal Services Corporation of Delaware — free legal help with housing cases.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

• Delaware Department of Justice, A Summary of the Delaware Residential Landlord-Tenant Code (Oct. 2024)
• Del. Code tit. 25, ch. 51, subch. I (lease terms, notice to end, renewals)
• Del. Code tit. 25, ch. 53 (landlord duties, repair-and-deduct, essential services, ouster)
• Del. Code tit. 25, ch. 55 (rent, late fees, entry, security deposits, retaliation)
• Del. Code tit. 25, ch. 57 (summary possession / eviction)

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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