Free Delaware Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Delaware Residential Lease Agreement

A Delaware residential lease (also called a Delaware rental agreement) sets the rent, term and house rules for a home rental. A Delaware residential lease agreement is governed by the Delaware Residential Landlord-Tenant Code, Title 25, Part III of the Delaware Code (25 Del. C. §5101 et seq.). Delaware is unusually specific: late fees are capped at 5%, entry needs 48 hours’ notice, a month-to-month tenancy takes 60 days to end, deposits must be returned within 20 days, and as of September 1, 2026 a nonpayment notice must give the tenant 7 days.

Delaware landlord–tenant law at a glance

Delaware residential lease law summary
Security deposit limit	1 month’s rent for leases of 1 year or more, and for month-to-month once it passes 1 year (caps don’t apply to furnished units)25 Del. C. §5514(a)
Deposit return	20 days, with an itemized list of damages; double the amount wrongfully withheld25 Del. C. §5514(e)–(g)
Late fees	Max 5% of monthly rent, and not until rent is more than 5 days late25 Del. C. §5501(d)
Application fee	Greater of 10% of monthly rent or $5025 Del. C. §5514(d)
Rent-increase notice	60 days’ written notice before the lease expires25 Del. C. §5107
Landlord entry	48 hours’ notice, between 8:00am and 9:00pm25 Del. C. §5509
Month-to-month termination	60 days, counted from the 1st of the month after notice25 Del. C. §5106(d)
Nonpayment notice	7 days (from September 1, 2026), served only after the late-fee window25 Del. C. §5502(a)

Security deposits in Delaware

Delaware’s deposit cap turns on the length of the lease. For a rental agreement of one year or more, the security deposit can’t exceed one month’s rent. A month-to-month tenancy has no cap in its first year, but once it passes one year the landlord must return any amount above one month’s rent. These caps don’t apply to furnished rental units (§5514(a)).

Pet deposit — A separate pet deposit is allowed but can’t exceed one month’s rent, whatever the lease length; animal damage is charged against it first. No pet deposit may be charged for a certified, trained support animal (§5514(i)).
Escrow account — Every deposit must be held in an escrow account at a federally insured bank with an office in Delaware that accepts deposits (§5514(b)).
Allowed deductions — Damage beyond normal wear and tear that ordinary cleaning and painting won’t fix, unpaid rent and late charges, and reasonable renovating and re-renting costs if the tenant leaves early (capped at one month’s rent when the tenant ends the lease early under §5314) (§5514(c)).
20-day return — Within 20 days after the lease ends the landlord must send an itemized list of damages with estimated repair costs and pay back the difference (§5514(e)–(f)).
Penalty — Failing to return the deposit or the balance within 20 days entitles the tenant to double the amount wrongfully withheld (§5514(g)(1)).

Rent, late fees & rent increases

Unless otherwise agreed, rent is due at the start of each month (§5501(b)). A landlord who takes rent in cash must give a receipt within 15 days and keep records of cash payments for three years (§5501(e)).

Late-fee cap — A late charge must be in the lease and can’t exceed 5% of the monthly rent, and it can’t be imposed until rent is more than 5 days late (§5501(d)).
Payment office — If the landlord doesn’t keep an office or other permanent place in the county where rent can be paid, the due date is automatically extended by 3 days (§5501(d)).
Application fee — Capped at the greater of 10% of the monthly rent or $50, to check the applicant’s creditworthiness (§5514(d)).
Rent increases — Any change in rent or other terms requires at least 60 days’ written notice before the rental agreement expires (§5107). Rent can’t be raised in retaliation for a code complaint or tenant organizing (§5516).
Rent control — Delaware has no rent control on apartments or houses; the state’s rent-justification rules apply only to manufactured-home communities.

Landlord entry & access

Delaware sets one of the stricter entry rules in the country. Except for repairs the tenant requested, the landlord must give at least 48 hours’ notice and may enter only between 8:00am and 9:00pm; in an emergency the landlord may enter at any time (§5509(b)). For showings to prospective tenants or buyers only, the tenant may waive the 48-hour notice in a separate signed addendum. The tenant can’t unreasonably refuse access for inspections, repairs or showings, and may add a lock at their own cost if they give the landlord a key (§5509(a)).

Ending a Delaware tenancy

Either party may end a month-to-month tenancy with at least 60 days’ written notice — and the 60 days start on the first day of the month after notice is actually received, not the day it’s given. Notice delivered on the 2nd of a month therefore runs almost 90 days (§5106(d)). A lease of a year or more converts to month-to-month if the landlord doesn’t give 60 days’ notice and the tenant doesn’t give 45 days’ notice before it ends (§5108). An oral lease can’t run longer than one year (§5106(a)).

Key Delaware notice periods
Month-to-month termination (either party)	60 days from the 1st of the next month§5106(d)
Rent increase / change of terms	60 days before expiration§5107
Nonpayment of rent	7 days (5 days before Sept. 1, 2026)§5502
Breach of lease — cure period	7 days§5513
Tenant early termination (qualifying reasons)	30 days from the 1st of the next month§5314

Nonpayment — Once the 5-day late-fee window has passed, the landlord may demand the rent in writing, giving the tenant at least 7 days to pay before filing an eviction case (§5502(a), as amended effective September 1, 2026). A tenant who pays all rent due before the case is filed can’t be sued for possession on that basis, and paying all rent due after filing stops the case (§5502(c)–(d)). A new right of redemption lets a tenant pay all past-due amounts set by the court, plus court-awarded costs and fees, any time before the eviction order is executed — unless the tenant already had 2 nonpayment judgments of possession in the prior 18 months (§5716A).
Lease violations — For a breach of a rule or covenant, the landlord must give written notice and at least 7 days to fix it before terminating (§5513).
Tenant early termination — A tenant may end the lease on 30 days’ written notice — counted from the first day of the following month — for a job relocation of more than 30 miles, a serious illness of the tenant, or the death or serious illness of a household family member, that requires a permanent move, acceptance into senior or subsidized housing, military active duty, or as a victim of domestic abuse, sexual offense or stalking; a surviving spouse or the estate may do the same on the tenant’s death (§5314).

Required disclosures in Delaware

Summary of the Code — The state’s summary of the Residential Landlord-Tenant Code must be given to every new tenant at the start of the rental term (§5118).
Copy of the lease — The landlord must give the tenant a copy of the signed written lease free of charge (§5105).
Lead-based paint — Federal lead warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d). A 2025 Delaware law adds a duty to provide units free of lead-based paint hazards and certified lead-safe or lead-free (§5305(a)(6) and Chapter 54), but it takes effect only on a delayed implementation date set by the Delaware State Housing Authority.

Habitability & repairs

A Delaware landlord must keep the unit in compliance with applicable building, housing and health codes, provide a unit that doesn’t endanger the tenant’s health, welfare or safety, keep common areas clean and safe, and maintain the utilities and facilities it supplies (§5305).

Delaware gives tenants unusually concrete remedies. If the landlord doesn’t fix a problem within 30 days of written notice (or doesn’t start reasonable corrective steps within 10 days), a tenant who is current on rent may have the work done professionally and deduct the cost — up to the lesser of $400 or half a month’s rent (§5307). If the landlord fails for 48 hours after notice to supply heat, water, hot water or electricity, the tenant may terminate or withhold two-thirds of the per-diem rent for each day of the outage (§5308). A condition that deprives the tenant of a substantial part of the benefit of the lease and isn’t fixed within 15 days of notice can justify ending the lease (§5306).

Tenant protections you can’t waive

No waiver clauses — A lease can’t make the tenant waive rights or remedies under the Landlord-Tenant Code or exculpate the landlord from liability. A landlord who tries to enforce a provision it knows is prohibited can owe the tenant three months’ rent plus court costs (§5301).
No lockouts — Removing or excluding a tenant without a court order entitles the tenant to treble damages or three times the per-diem rent for the time locked out (§5313).
No retaliation — A landlord can’t evict, raise rent or cut services because a tenant complained about code violations or joined a tenant organization; action within 90 days of such a complaint is presumed retaliatory (§5516).
Fee and deposit caps — The 5% late-fee cap, the application-fee cap and the one-month deposit cap for leases of a year or more apply regardless of what the lease says (§§5501(d), 5514).

Delaware lease agreement FAQs

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

For an unfurnished unit on a lease of one year or more, no more than one month’s rent. A month-to-month tenancy isn’t capped in its first year, but after a year the landlord must return anything above one month’s rent. A separate pet deposit of up to one month’s rent is also allowed (25 Del. C. §5514).

How long does a landlord have to return a security deposit in Delaware?

20 days after the lease ends — one of the shortest windows in the country. The landlord must send an itemized list of damages with estimated repair costs and pay the balance; missing the deadline entitles the tenant to double the amount wrongfully withheld (§5514(f)–(g)).

What is the maximum late fee in Delaware?

5% of the monthly rent, and it can’t be charged until rent is more than 5 days late. If the landlord has no office or payment location in the county, the due date is pushed back another 3 days (25 Del. C. §5501(d)).

How much notice does a Delaware landlord need to enter?

At least 48 hours, and entry only between 8:00am and 9:00pm — unless there’s an emergency or the tenant requested the repair (§5509).

How much notice is needed to end a month-to-month lease in Delaware?

At least 60 days’ written notice from either party, and the 60 days begin on the first day of the month after the notice is received. In practice, notice given early in a month can mean close to 90 days (§5106(d)).

How much notice does a landlord have to give for nonpayment of rent in Delaware?

From September 1, 2026, a written demand giving the tenant at least 7 days to pay (it was 5 days before), and it can only be served after the 5-day late-fee window has passed. A tenant who pays all rent due before the case is filed can’t be sued for possession on that basis (§5502(c)), and a new right of redemption lets a tenant pay all past-due amounts plus court-awarded costs and fees any time before the eviction order is executed, unless they had 2 nonpayment judgments in the prior 18 months (§5716A).

How much notice is required for a rent increase in Delaware?

At least 60 days’ written notice before the rental agreement expires for any change in rent or other terms (§5107). A fixed-term lease’s rent can’t be changed mid-term unless the lease allows it.

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