Delaware Residential Lease Agreement
What Delaware law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Delaware lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Delaware rules your lease has to live with
Beyond the deposit, Delaware law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Delaware requires at least 48 hours’ notice before a non-emergency entry. — 25 Del. C. § 5509(b) ↗
- Late fees. Late charge may not exceed 5% of monthly rent and may not be imposed within 5 days of the due date; if landlord has no in-county payment office, due date extends 3 days. — 25 Del. C. § 5501(d) ↗
- Rent increases. Minimum 60 days' written notice before expiration of the term to renew with modified provisions, including rent (§ 5107); month-to-month termination also requires 60 days' notice (§ 5106(d)). — 25 Del. C. § 5107(a); § 5106(d) ↗
- Repair and deduct. Allowed: after written notice, if landlord fails to remedy within 30 days (or start corrective measures within 10 days), tenant may repair and deduct up to $400 or half of one month's rent, whichever is less, with receipts. — 25 Del. C. § 5307(a) (83 Del. Laws, c. 222) ↗
- Habitability. Delaware law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — 25 Del. C. § 5305(a) ↗
Each point links to the Delaware source it was taken from. Rules change; confirm before relying on them.
What Delaware law requires · as of 2026
- Max security deposit
- 1 month's rent (leases over 1 yr; no cap on month-to-month)
- Deposit return deadline
- 20 days after move-out
- Notice to end month-to-month
- 60 days
Source: 25 Del. C. §5514 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 20 days after move-out? Ask for it in writing with a Delaware security deposit demand letter; if that doesn’t work, the usual next step is Delaware small claims court.
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Required disclosures in Delaware
What Delaware law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Summary of the Landlord-Tenant Code
Landlord must give the new tenant, at the start of the term, the Attorney General's Consumer Protection Unit summary of the Landlord-Tenant Code; otherwise tenant may plead ignorance of the law.
Source: 25 Del. C. § 5118
Frequently asked questions
How much security deposit can a landlord charge in Delaware?
In Delaware, the security deposit is limited to 1 month's rent (leases over 1 yr; no cap on month-to-month), and it must be returned within 20 days after move-out (as of 2026). Source: 25 Del. C. §5514. Confirm the current rule before you sign.
Is this lease valid in Delaware?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Delaware once both sides sign. What it cannot do is contract around Delaware law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Delaware?
Delaware requires at least 48 hours' notice for a non-emergency entry. Source: 25 Del. C. § 5509(b).
Can a landlord charge late fees in Delaware?
Late charge may not exceed 5% of monthly rent and may not be imposed within 5 days of the due date; if landlord has no in-county payment office, due date extends 3 days. Source: 25 Del. C. § 5501(d).
Can a tenant repair and deduct rent in Delaware?
Allowed: after written notice, if landlord fails to remedy within 30 days (or start corrective measures within 10 days), tenant may repair and deduct up to $400 or half of one month's rent, whichever is less, with receipts. Source: 25 Del. C. § 5307(a) (83 Del. Laws, c. 222).
What does a landlord have to disclose in Delaware?
Under Delaware law: Summary of the Landlord-Tenant Code (25 Del. C. § 5118). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Delaware compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Delaware compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 25 Del. C. §5514 ↗.
- Delaware is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 20 days — below the national median of 30 days across the 51 states with a statutory rule.
Ranked #43 of 51 states (tied with 1) — higher means more time for the landlord to return the deposit.
1 other state uses the same figure.
Deposit return deadline in neighboring states — Maryland (45 days), New Jersey (30 days), Pennsylvania (30 days). Delaware's 20 days is the shortest among its neighbors.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 60 days — about 2× the national median of 30 days across the 49 states with a statutory rule.
Ranked #1 of 49 states — higher means a longer notice period.
No other state uses exactly this figure.
Notice to end a month-to-month tenancy in neighboring states — Maryland (30 days), New Jersey (30 days), Pennsylvania (15 days). Delaware's 60 days is the longest among its neighbors.
The rest of what Delaware requires
The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Notice to cure a lease violation · as of 2026
- 7 days 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Small claims limit · as of 2026
- $25,000 10 Del. C. §9301 ↗
- Where you file · as of 2026
- Justice of the Peace Court (civil docket) · filing fee $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule 10 Del. C. §9301 ↗
- Rental application fee · as of July 2026
- Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
- Bill of sale notarization · as of 2026
- Not required Delaware DMV ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 12 Del. C. §49A-105 (form §49A-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
- Recording a deed · as of 2026
- Recorder of Deeds (one per county: New Castle, Kent, Sussex) · no witnesses 25 Del. C. §§ 121–122 ↗
Lease agreement in other states
More Delaware legal forms
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