Landlord tools · Delaware

Delaware residential lease agreement.

Everything a Delaware lease must get right in 2026 — deposit limits, late fees, notice periods, and required disclosures — plus a free builder that applies each rule for you and outputs a signable PDF.

1 monthSecurity deposit cap
20 daysDeposit return deadline
48 hrsEntry notice required
60 daysTo end month-to-month

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Security deposits in Delaware

Delaware caps security deposits at 1 month of rent. 1 month for leases of 1 year+; furnished units exempt; month-to-month uncapped in first year After the tenancy ends, the deposit must be returned within 20 days. Itemized list within 20 days; double-damages penalty; must be held in Delaware escrow account Returning one now? Use the free Delaware deposit return letter generator — it computes the deadline and itemizes deductions for you.

Late fees and grace periods

Delaware limits late fees: 5% of monthly rent. Rent must be at least 5 day(s) late before a fee can be charged. 5-day grace; extra 3 days if landlord has no rent-receiving office in the county.

Landlord entry and notices

Landlords must give at least 48 hours' notice before entering, except in emergencies. 48 hours' notice, reasonable hours (25 Del. C. § 5509). Ending a month-to-month tenancy takes 60 days' written notice (60 days' written notice by either party). Rent increases require 60 days' advance notice (60 days' notice; tenant then has 15 days to reject and terminate). Planning an increase? The free Delaware rent increase notice generator applies the notice period automatically.

Required disclosures in a Delaware lease

Clauses you can’t put in a Delaware lease

Utilities and pets

Utilities: Willful interruption of essential services prohibited; tenant remedies for utility failures. Pets: Additional pet deposit up to 1 month's rent allowed on top of the security deposit.

Frequently asked questions

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

Delaware caps security deposits at 1 month of rent. 1 month for leases of 1 year+; furnished units exempt; month-to-month uncapped in first year

How long does a Delaware landlord have to return the deposit?

20 days after the tenancy ends. Itemized list within 20 days; double-damages penalty; must be held in Delaware escrow account

Are late fees limited in Delaware?

Yes — 5% of monthly rent. 5-day grace; extra 3 days if landlord has no rent-receiving office in the county A 5-day grace period is required before charging a fee.

How much notice before a landlord can enter the unit in Delaware?

At least 48 hours, except in emergencies. 48 hours' notice, reasonable hours (25 Del. C. § 5509)

Does Delaware have rent control?

No statewide rent control. No rent control

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Key statutes: 25 Del. C. § 5514 · 25 Del. C. § 5501 · 25 Del. C. § 5509 · 25 Del. C. § 5118. Last reviewed 2026-07. This guide summarizes state law for convenience and is not legal advice; cities and counties may add their own rules.

Lease laws in other states