Delaware · Renters' rights · Updated Oct 2026
Delaware tenant rights
Security deposits, repairs, landlord entry, notices and evictions in Delaware, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for Delaware renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in Delaware
- Limit
- One month's rent if the lease is for 1 year or more, or for a month-to-month tenancy that has lasted 1 year or more (the landlord must then credit back anything over one month). No cap for shorter leases or furnished units. A separate pet deposit is allowed, up to one month's rent (none for a certified support animal).
- Deadline to return it
- 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. Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out. If the lease makes returning keys a condition of getting the deposit back, it must set out a clear key-return procedure; if the last day falls on a weekend or holiday you can return keys the next business day or leave them in a secure drop box with written notice (§ 5125).
- Itemized list
- Yes, within 20 days, listing each damage and its estimated repair cost. If the landlord sends no list in time, that counts as admitting nothing is owed for damage. If you cash a partial refund, you are treated as agreeing unless you object in writing within 10 days.
- What may be deducted
- Actual damage you caused beyond normal wear and tear (or that painting and ordinary cleaning cannot fix); unpaid rent including late charges and rent due if you left early; and reasonable re-renting costs if you ended the lease early (capped at one month's rent if you ended it under § 5314, for example job relocation or domestic violence). Application fees are capped at the greater of 10% of monthly rent or $50 (double damages if overcharged; § 5514(d)).
- Interest
- No. The statute does not require interest.
- Separate account
- Yes. The deposit must be kept in an escrow 'security deposits account' at a federally insured bank with a Delaware office, and the landlord must tell you where. If the landlord refuses to tell you within 20 days of your written request, or does not use such an account, the landlord forfeits the whole deposit.
- If the landlord keeps it wrongly
- Double the amount wrongfully withheld. If the landlord forfeited the deposit (wrong account or would not disclose it) and does not return it within 20 days, double the deposit. If you gave no forwarding address, you lose the double-damages claim but can still claim the unused deposit in writing within 1 year.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Delaware: Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out.
- Wait for the deadline: 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.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: The Justice of the Peace Court can award up to $25,000. Small claims court in Delaware on Small Claims Map
Repairs in Delaware
- The landlord's duty
- The landlord must follow all housing and building codes, provide a unit that does not endanger your health or safety, keep common areas clean, make all repairs needed to keep the unit in the condition it was (or should have been) at move-in, keep electrical and plumbing working, and provide a lead-safe unit. Heat, water, hot water, electricity and trash are required if the lease says the landlord supplies them. 25 Del. C. § 5305.
- How to ask for repairs
- Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).
- Repair and deduct
- Yes. After written notice, if the landlord does not fix the problem within 30 days, or does not 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 receipts. Not allowed if you are behind on rent or caused the problem. 25 Del. C. § 5307.
- Withholding rent
- Partly, for essential services. If the landlord fails to provide heat, hot water, water or electricity (or another serious code problem) for 48 hours after notice, you can give written notice and keep two-thirds of the daily rent for each day the service is out, move to substitute housing (rent stops), or end the lease. If a court later finds you withheld wrongly, you owe the amount withheld (double if in bad faith). 25 Del. C. § 5308.
- Law
- 25 Del. C. §§ 5305-5308
Landlord entry in Delaware
At least 48 hours' notice, and entry only between 8:00 a.m. and 9:00 p.m. No notice is needed for repairs you asked for, or in an emergency. You may waive the 48-hour notice only for showings to prospective tenants or buyers, in a separate signed document. 25 Del. C. § 5509.
Eviction in Delaware
- Notice for unpaid rent
- After the 5-day late-fee grace period passes, the landlord must give a written demand for the past-due rent giving you at least 7 days to pay before filing. If you (or someone for you) pay all rent due before the case is filed, the landlord cannot file for that nonpayment; if you pay everything due under the lease after filing, the case cannot go on. You can also pay all amounts the court finds due, plus costs, any time before the eviction is carried out (right of redemption). 25 Del. C. §§ 5502, 5716A.
- Notice for a lease violation
- 7-day written notice to correct a material rule or lease violation. If you commit a substantially similar breach within 1 year, the landlord can rely on the old notice. Immediate termination is allowed only for breaches causing or threatening irreparable harm. 25 Del. C. § 5513.
- Ending a month-to-month tenancy
- Landlord or tenant: at least 60 days' written notice, counted from the first day of the month after notice is given. For a lease of 1 year or more, the landlord must give 60 days' written notice before it ends, or it continues month-to-month. 25 Del. C. §§ 5106, 5108.
- Time to respond to an eviction lawsuit
- No written answer is required before the hearing. You may answer orally or in writing at the hearing. You can ask for a jury trial within 10 days after being served. 25 Del. C. §§ 5709, 5713.
- Lockouts and utility shutoffs
- Yes. If the landlord removes or locks you out without a court order, you can get back in or end the lease, and recover three times your damages or three times the daily rent for each day you were locked out, whichever is greater, plus court costs (25 Del. C. § 5313). A landlord may not cut off utility service for unpaid rent, utility charges or any other breach (§ 5312(e)).
- Court self-help
- The court's eviction self-help page
- Law
- 25 Del. C. §§ 5106, 5313, 5502, 5513, 5709, 5713, 5716A
Rent increases and rent control in Delaware
- Notice of a rent increase
- At least 60 days' written notice before the lease ends of any rent increase or other changed terms at renewal. If you do not give notice of moving out at least 45 days before the end of the term, the new terms are treated as accepted. Not applicable to HUD income-based rent. 25 Del. C. § 5107.
- Rent control
- No statewide rent cap for apartments or houses.
Late fees in Delaware
Allowed only if the lease provides it, capped at 5% of monthly rent, and not charged until 5 days after the due date. If the landlord does not keep an office or payment place in the county, the due date is extended by 3 days. 25 Del. C. § 5501(d).
Retaliation in Delaware
The landlord may not evict, raise rent or cut services after you complain in good faith about code violations (to the landlord or a government agency), after an agency files a violation notice, after you organize or serve as an officer of a tenant group, or after you pursue any legal right. Action within 90 days is presumed retaliatory. Limited defenses apply (for example, landlord moving in, major renovation, a termination notice given before your complaint). If the landlord retaliates, you can recover 3 months' rent or three times your damages, whichever is greater, plus court costs. 25 Del. C. § 5516.
Small claims court in Delaware
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: The Justice of the Peace Court can award up to $25,000.
Where to get free help in Delaware
Good to know in Delaware
- Delaware gives eligible tenants a right to a free lawyer in eviction cases (25 Del. C. ch. 56).
- You can stop a nonpayment eviction by paying everything the court says is due, plus costs, any time before the eviction is carried out (§ 5716A).
- Eviction records can be shielded in many situations, for example if the case was dismissed or you won (§ 5720).
Recent law changes
Recent laws (Del. Laws vol. 84-85, 2023-2026), as shown in the current Title 25 text: right to free legal representation in evictions for tenants up to 200% of the poverty line (ch. 56) and an eviction diversion program (§ 5702A); 85 Del. Laws c. 436 amended § 5502 (nonpayment demand must give at least 7 days, and full payment before or after filing stops the case) and added § 5716A (right of redemption until the eviction is executed); 85 Del. Laws c. 106 added record shielding (§ 5720); 85 Del. Laws c. 98 added lead-safe rental certification (ch. 54, phased in) and bed bug rules (§ 5317); 85 Del. Laws c. 277 requires landlords to give tenants the state landlord-tenant rights guide before signing (§ 5124); 85 Del. Laws c. 295 set key-surrender rules for getting the deposit back (§ 5125). Exact effective dates were not confirmed.
Free tools for Delaware renters
Pre-set for Delaware. They run in your browser and send nothing.
Deposit return calculator for Delaware
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Delaware
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Delaware
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Delaware
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in Delaware
How much can a landlord charge for a security deposit in Delaware?
One month's rent if the lease is for 1 year or more, or for a month-to-month tenancy that has lasted 1 year or more (the landlord must then credit back anything over one month). No cap for shorter leases or furnished units. A separate pet deposit is allowed, up to one month's rent (none for a certified support animal).
How long does a landlord have to return a security deposit in Delaware?
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. Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out. If the lease makes returning keys a condition of getting the deposit back, it must set out a clear key-return procedure; if the last day falls on a weekend or holiday you can return keys the next business day or leave them in a secure drop box with written notice (§ 5125).
What can I do if my landlord won't return my deposit in Delaware?
Double the amount wrongfully withheld. If the landlord forfeited the deposit (wrong account or would not disclose it) and does not return it within 20 days, double the deposit. If you gave no forwarding address, you lose the double-damages claim but can still claim the unused deposit in writing within 1 year.
What can a landlord deduct from a security deposit in Delaware?
Actual damage you caused beyond normal wear and tear (or that painting and ordinary cleaning cannot fix); unpaid rent including late charges and rent due if you left early; and reasonable re-renting costs if you ended the lease early (capped at one month's rent if you ended it under § 5314, for example job relocation or domestic violence). Application fees are capped at the greater of 10% of monthly rent or $50 (double damages if overcharged; § 5514(d)).
Does a landlord have to pay interest on a security deposit in Delaware?
No. The statute does not require interest.
How do I ask my landlord for repairs in Delaware?
Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).
Can I repair and deduct the cost from rent in Delaware?
Yes. After written notice, if the landlord does not fix the problem within 30 days, or does not 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 receipts. Not allowed if you are behind on rent or caused the problem. 25 Del. C. § 5307.
Can I withhold rent for repairs in Delaware?
Partly, for essential services. If the landlord fails to provide heat, hot water, water or electricity (or another serious code problem) for 48 hours after notice, you can give written notice and keep two-thirds of the daily rent for each day the service is out, move to substitute housing (rent stops), or end the lease. If a court later finds you withheld wrongly, you owe the amount withheld (double if in bad faith). 25 Del. C. § 5308.
How much notice does a landlord need to enter in Delaware?
At least 48 hours' notice, and entry only between 8:00 a.m. and 9:00 p.m. No notice is needed for repairs you asked for, or in an emergency. You may waive the 48-hour notice only for showings to prospective tenants or buyers, in a separate signed document. 25 Del. C. § 5509.
How much notice does a landlord have to give for unpaid rent in Delaware?
After the 5-day late-fee grace period passes, the landlord must give a written demand for the past-due rent giving you at least 7 days to pay before filing. If you (or someone for you) pay all rent due before the case is filed, the landlord cannot file for that nonpayment; if you pay everything due under the lease after filing, the case cannot go on. You can also pay all amounts the court finds due, plus costs, any time before the eviction is carried out (right of redemption). 25 Del. C. §§ 5502, 5716A.
How much notice for a lease violation in Delaware?
7-day written notice to correct a material rule or lease violation. If you commit a substantially similar breach within 1 year, the landlord can rely on the old notice. Immediate termination is allowed only for breaches causing or threatening irreparable harm. 25 Del. C. § 5513.
How much notice is needed to end a month-to-month lease in Delaware?
Landlord or tenant: at least 60 days' written notice, counted from the first day of the month after notice is given. For a lease of 1 year or more, the landlord must give 60 days' written notice before it ends, or it continues month-to-month. 25 Del. C. §§ 5106, 5108.
How long do I have to respond to an eviction lawsuit in Delaware?
No written answer is required before the hearing. You may answer orally or in writing at the hearing. You can ask for a jury trial within 10 days after being served. 25 Del. C. §§ 5709, 5713.
Can my landlord lock me out or shut off utilities in Delaware?
Yes. If the landlord removes or locks you out without a court order, you can get back in or end the lease, and recover three times your damages or three times the daily rent for each day you were locked out, whichever is greater, plus court costs (25 Del. C. § 5313). A landlord may not cut off utility service for unpaid rent, utility charges or any other breach (§ 5312(e)).
How much notice is needed for a rent increase in Delaware?
At least 60 days' written notice before the lease ends of any rent increase or other changed terms at renewal. If you do not give notice of moving out at least 45 days before the end of the term, the new terms are treated as accepted. Not applicable to HUD income-based rent. 25 Del. C. § 5107.
Is there rent control in Delaware?
No statewide rent cap for apartments or houses.
Is there a limit on late fees in Delaware?
Allowed only if the lease provides it, capped at 5% of monthly rent, and not charged until 5 days after the due date. If the landlord does not keep an office or payment place in the county, the due date is extended by 3 days. 25 Del. C. § 5501(d).
Can my landlord retaliate if I complain in Delaware?
The landlord may not evict, raise rent or cut services after you complain in good faith about code violations (to the landlord or a government agency), after an agency files a violation notice, after you organize or serve as an officer of a tenant group, or after you pursue any legal right. Action within 90 days is presumed retaliatory. Limited defenses apply (for example, landlord moving in, major renovation, a termination notice given before your complaint). If the landlord retaliates, you can recover 3 months' rent or three times your damages, whichever is greater, plus court costs. 25 Del. C. § 5516.
What is the small claims limit in Delaware?
The Justice of the Peace Court can award up to $25,000.
Last checked: Oct 2026.