DE
Delaware Landlord-Tenant Laws
Security Deposit Limits
Del. Code
✅ Key Requirements
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- Maximum 1 month's rent for leases of 1 year or more
- No limit for month-to-month leases or furnished units
- Additional pet deposit allowed (max 1 month's rent)
- No pet deposit for certified support animals
- No interest required on deposits
- +1 more requirements
Security Deposit Storage Requirements
Del. Code
✅ Key Requirements
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- Must be held in escrow account at federally-insured institution in Delaware
- Account must be designated as 'security deposits account'
- Cannot be used for landlord's business operations
- Landlord must disclose account location to tenant
- Must disclose within 20 days if tenant requests in writing
- +1 more requirements
Security Deposit Return Timeline
Del. Code
✅ Key Requirements
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- 20 days after termination of rental agreement
- Must provide itemized list of damages and repair costs
- Tenant has 10 days to object to deductions in writing
- Failure to return within 20 days = acknowledgment no damages owed
- Must be sent to forwarding address if provided by tenant
- +1 more requirements
Permitted Security Deposit Deductions
Del. Code
✅ Key Requirements
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- May deduct for damages exceeding normal wear and tear
- Cannot deduct for painting and ordinary cleaning
- May deduct for unpaid rent and late charges
- May deduct for early termination costs (max 1 month's rent)
- Must provide itemized list with estimated repair costs
- +1 more requirements
Penalties for Wrongful Withholding
Del. Code
✅ Key Requirements
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- Tenant entitled to double the amount wrongfully withheld
- Applies if deposit not returned within 20 days
- Forfeiture of deposit if not held in proper Delaware account
- Forfeiture if location not disclosed within 20 days of written request
- Tenant must pay double amount within 20 days of forfeiture
- +1 more requirements
5-Day Notice for Nonpayment of Rent
Del. Code
✅ Key Requirements
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- 5 days' notice to pay rent or quit (excluding weekends/holidays)
- Notice must state amount of unpaid rent
- Notice must specify date for payment (at least 5 days out)
- Tenant may cure by paying all rent due within 5 days
- If rent not paid, landlord may file summary possession action
- +1 more requirements
7-Day Notice for Lease Violations
Del. Code
✅ Key Requirements
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- 7 days to cure lease violation or vacate
- Notice must specify the breach
- Notice must state date of termination (at least 7 days out)
- Tenant may cure violation to avoid eviction
- If not cured, landlord may file summary possession action
- +1 more requirements
7-Day Unconditional Quit Notice
Del. Code
✅ Key Requirements
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- 7 days to vacate with no cure period
- Applies if violation also violates law/code/ordinance
- Applies if same material violation repeated within 12 months
- No notice required for irreparable harm to person or property
- No notice required for criminal activity (Class A misdemeanor/felony)
- +1 more requirements
Summary Possession Court Process
Del. Code
✅ Key Requirements
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- File complaint in Justice of the Peace Court (fee: $45)
- Summons served at least 5 days before hearing
- Tenant may request jury trial within 10 days
- Court hearing scheduled
- If landlord wins, judgment issued for possession
- +2 more requirements
Writ of Possession Execution
Del. Code
✅ Key Requirements
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- Constable/sheriff gives 24 hours' notice before physical eviction
- Eviction occurs between sunrise and sunset
- Only law enforcement can physically remove tenant
- Landlord must store abandoned property for 7 days
- Storage at tenant's expense
- +1 more requirements
Tenant Eviction Defenses
Del. Code
✅ Key Requirements
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- Tenant may pay all rent due + court costs within 10 days to stop eviction
- Defenses: improper notice, wrong notice period, improper service
- Defense: retaliation for exercising legal rights
- Defense: discrimination (federal and state protected classes)
- Defense: landlord breach of habitability obligations
- +1 more requirements
Landlord Habitability Obligations
Del. Code
✅ Key Requirements
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- Comply with all building codes and housing regulations
- Make all necessary repairs to maintain premises
- Keep common areas clean, safe, and sanitary
- Maintain all electrical, plumbing, sanitary systems
- Provide hot water, heat, water, and electricity
- +2 more requirements
Tenant Maintenance Obligations
Del. Code
✅ Key Requirements
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- Keep rental unit clean and sanitary
- Dispose of waste properly
- Use all facilities reasonably (no waste or damage)
- Not deliberately or negligently damage premises
- Conduct self peacefully without disturbing neighbors
- +2 more requirements
Repair and Deduct Remedy
Del. Code
✅ Key Requirements
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- Tenant must first give landlord written notice of problem
- Landlord has 30 days to complete repair OR 10 days to begin work
- Tenant may hire professional to make repair
- Deduct up to $400 or 1/2 month's rent (whichever less)
- Must provide landlord with receipts for work done
- +1 more requirements
Rent Withholding for Essential Services
Del. Code
✅ Key Requirements
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- Applies to failure to provide hot water, heat, water, electricity
- Applies to conditions materially depriving tenant of benefit
- Tenant must give written notice to landlord
- If failure continues 48 hours, tenant has remedies
- May withhold 2/3 of daily rent for period without services
- +2 more requirements
Additional Tenant Remedies
Del. Code
✅ Key Requirements
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- May terminate in first month if landlord breaches agreement
- May terminate with 15 days' notice if breach recurs within 6 months
- May sue for damages if landlord breaches obligations
- May seek injunction to force repairs
- May terminate immediately if premises uninhabitable
- +1 more requirements
Late Fee Restrictions
Del. Code
✅ Key Requirements
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- Maximum late fee: 5% of rent amount
- Cannot charge late fee until rent is 5+ days late (statutory grace period)
- Landlord must have office in county to charge late fees immediately
- Without local office, tenant gets 3 extra days before late fee
- Late fees must be reasonable and specified in lease
- +1 more requirements
Rent Increase Notice Requirements
Del. Code
✅ Key Requirements
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- 60 days' written notice required for month-to-month leases
- Tenant has 15 days to terminate after receiving notice
- Cannot increase rent during fixed-term lease
- No rent control in Delaware (municipalities may have local rules)
- Increases must be reasonable and non-discriminatory
- +1 more requirements
Landlord Right of Entry
Del. Code
✅ Key Requirements
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- 48 hours' written notice required (except emergencies)
- Entry only between 8:00 AM and 9:00 PM
- May enter to inspect, repair, or show unit
- Emergency entry allowed without notice
- Tenant consent allows immediate entry
- +2 more requirements
Prohibition on Self-Help Eviction
Del. Code
✅ Key Requirements
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- Self-help eviction strictly prohibited
- Cannot change locks without court order
- Cannot remove tenant's property
- Cannot shut off utilities to force tenant out
- Cannot use force or threats
- +2 more requirements
Retaliation Prohibited
Del. Code
✅ Key Requirements
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- Cannot retaliate for complaints to authorities
- Cannot retaliate for exercising legal rights
- Cannot retaliate for joining tenant organizations
- Prohibited acts: rent increase, service reduction, eviction
- Tenant may raise retaliation as affirmative defense
- +2 more requirements
Domestic Violence Victim Protections
Del. Code
✅ Key Requirements
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- May terminate lease with 30 days' notice
- Must provide protective order, police report, or advocate statement
- Not liable for remaining rent after termination
- May change locks at own expense
- Must provide landlord with key to new locks
- +2 more requirements
Terminating Month-to-Month Tenancy
Del. Code
✅ Key Requirements
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- 60 days' written notice required for month-to-month
- Notice period begins first of month following notice
- 7 days' notice for week-to-week tenancies
- Notice must be in writing
- No cause required for termination
- +1 more requirements
Fixed-Term Lease Expiration
Del. Code
✅ Key Requirements
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- Fixed-term leases end on specified date
- Landlord must give 60+ days' notice to not renew
- Tenant must give 45+ days' notice to not renew
- If neither gives notice, converts to month-to-month
- All other lease terms remain in effect
- +1 more requirements
Required Landlord Disclosures
Del. Code
✅ Key Requirements
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- Owner/agent names and addresses in lease
- Summary of Landlord-Tenant Code at lease signing
- Security deposit account location disclosure
- Lead paint disclosure for pre-1978 housing (federal)
- Failure to provide Code summary = tenant may claim ignorance
- +1 more requirements