Delaware landlord and tenant rules

Seayora publishes 13 Delaware rules, covering security deposits, notice periods, late fees, applications, fair housing, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

Delaware at a glance

RuleDelaware
How long does a landlord have to return a security deposit in Delaware?20 days
How much can a landlord charge for a security deposit in Delaware?1 month of rent
How many days does a tenant get to pay late rent in Delaware?5 days to pay
How much notice does a landlord have to give before entering in Delaware?48 hours
How much notice does a landlord have to give before raising the rent in Delaware?60 days
How much notice must a landlord give to end a tenancy in Delaware?60 days
How much can a landlord charge for a late rent fee in Delaware?5% of the monthly rent
Is there a grace period for paying rent in Delaware?5 days
How much can a landlord charge for a rental application fee in Delaware?10% of the monthly rent or $50, whichever is greater
Can a landlord refuse a Section 8 voucher in Delaware?Source of income protected, but voucher participation optional
Can a landlord retaliate against a tenant for complaining in Delaware?Presumed within 90 days
Can a tenant repair and deduct from rent in Delaware?Up to $400 or half a month’s rent, whichever is less
Do contractors charge sales tax in Delaware?No sales tax

Security deposits in Delaware

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

In Delaware, a landlord has 20 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. This is 25 Del. C. § 5514.

Full answer and the checkable figures.

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

In Delaware, a security deposit is capped at 1 month of rent. One month's rent on leases of a year or more. This is 25 Del. C. § 5514.

Full answer and the checkable figures.

Notice periods in Delaware

How many days does a tenant get to pay late rent in Delaware?

In Delaware, before starting a nonpayment case a landlord must serve a written notice giving the tenant 5 days to pay the rent due. This is 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a).

A month-to-month tenancy ends with at least 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received. To renew on different terms — a higher rent included — the landlord must give at least 60 days' written notice before the lease expires. Entry: 48 hours' notice, between 8 a.m. and 9 p.m., except for repairs the tenant asked for or an emergency. Nonpayment: a written demand giving at least five days to pay.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in Delaware?

In Delaware, a landlord must give 48 hours notice before entering an occupied rental, other than in an emergency. This is 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a).

A month-to-month tenancy ends with at least 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received. To renew on different terms — a higher rent included — the landlord must give at least 60 days' written notice before the lease expires. Entry: 48 hours' notice, between 8 a.m. and 9 p.m., except for repairs the tenant asked for or an emergency. Nonpayment: a written demand giving at least five days to pay.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in Delaware?

In Delaware, a landlord must give 60 days written notice before raising the rent. This is 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a).

A month-to-month tenancy ends with at least 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received. To renew on different terms — a higher rent included — the landlord must give at least 60 days' written notice before the lease expires. Entry: 48 hours' notice, between 8 a.m. and 9 p.m., except for repairs the tenant asked for or an emergency. Nonpayment: a written demand giving at least five days to pay.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in Delaware?

In Delaware, a landlord must give 60 days written notice to end a tenancy or decline to renew it. This is 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a).

A month-to-month tenancy ends with at least 60 days' written notice, and the 60 days begin on the first day of the month after the notice is actually received. To renew on different terms — a higher rent included — the landlord must give at least 60 days' written notice before the lease expires. Entry: 48 hours' notice, between 8 a.m. and 9 p.m., except for repairs the tenant asked for or an emergency. Nonpayment: a written demand giving at least five days to pay.

Full answer and the checkable figures.

Late fees in Delaware

How much can a landlord charge for a late rent fee in Delaware?

In Delaware, a late fee may not exceed 5% of the monthly rent. A late charge may not be imposed within five days of the agreed time for paying rent. Where the landlord keeps no office or other permanent place in the county where rent can be paid, the tenant has three more days. This is 25 Del. C. § 5501(d).

Full answer and the checkable figures.

Is there a grace period for paying rent in Delaware?

Yes. In Delaware, a late charge may not be imposed within five days of the agreed time for paying rent. Where the landlord keeps no office or other permanent place in the county where rent can be paid, the tenant has three more days. The late fee itself is limited too: a late fee may not exceed 5% of the monthly rent. This is 25 Del. C. § 5501(d).

Full answer and the checkable figures.

Applications in Delaware

How much can a landlord charge for a rental application fee in Delaware?

In Delaware, an application fee may not exceed 10% of the monthly rent or $50, whichever is greater. This is 25 Del. C. § 5514(d).

Full answer and the checkable figures.

Fair housing in Delaware

Can a landlord refuse a Section 8 voucher in Delaware?

Often, yes. In Delaware, a person may not refuse to rent a dwelling, or set different terms, because of source of income, which includes rental payments from a government or private assistance program, but the same section also says a landlord is not required to take part in any government rental assistance or voucher program and that not taking part cannot be the basis of a complaint. A landlord may also weigh the sufficiency of income and credit, as long as the standard is applied in a commercially reasonable way and without regard to source of income. Federal law leaves the voucher program voluntary for most landlords, but a property financed with Low-Income Housing Tax Credits may not refuse a tenant because they hold a voucher. This is 6 Del. C. §§ 4602, 4603.

Full answer and the checkable figures.

Tenant protections in Delaware

Can a landlord retaliate against a tenant for complaining in Delaware?

No. In Delaware, a landlord may not pursue an eviction, demand a rent increase or cut services after a tenant makes a good-faith code complaint, a government agency files a violation, the tenant organizes or leads a tenants’ organization, or the tenant pursues a legal remedy, and doing so within 90 days is presumed to be retaliation. A tenant who proves retaliation may recover three months’ rent or three times their damages, whichever is greater. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is 25 Del. C. § 5516.

Full answer and the checkable figures.

Repairs in Delaware

Can a tenant repair and deduct from rent in Delaware?

Yes, within limits. In Delaware, if a landlord does not make a required repair within 30 days after the tenant’s written notice, or does not begin reasonable corrective steps within 10 days, the tenant may have the work done professionally and deduct up to $400 or half a month’s rent, whichever is less, after giving the landlord receipts. A tenant who is behind on rent cannot use this remedy, and the tenant is liable for damage caused while making the repair. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is 25 Del. C. § 5307.

Full answer and the checkable figures.

Contractor sales tax in Delaware

Do contractors charge sales tax in Delaware?

Delaware imposes no state sales tax, so there is no state sales tax to add to a contractor's invoice. Source: Delaware imposes no sales tax. A contractor instead pays gross receipts tax on their own receipts (Del. Code tit. 30, §2502) — a tax on the contractor, never a charge to the customer.

Never add a tax line for a Delaware job. The contractor's gross receipts tax is their own cost of doing business and billing it as tax to the customer misstates it.

Full answer and the checkable figures.

Sources

  • 25 Del. C. § 5307
  • 25 Del. C. § 5501(d)
  • 25 Del. C. § 5514
  • 25 Del. C. § 5514(d)
  • 25 Del. C. § 5516
  • 25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a)
  • 6 Del. C. §§ 4602, 4603
  • Delaware imposes no sales tax. A contractor instead pays gross receipts tax on their own receipts (Del. Code tit. 30, §2502) — a tax on the contractor, never a charge to the customer.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Late fees. Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Applications. This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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