What clauses are legally required in every Delaware lease agreement?
Every Delaware lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. The Code requires the landlord to give the tenant the state Summary of the Landlord-Tenant Code (§ 5118) and imposes the deposit and late-fee rules below. A lease for a term of more than one year must be in writing (6 Del. C. § 2714).
Delaware security deposit rules — the one-month cap and 20-day return
25 Del. C. § 5514 governs deposits:
- Cap: for a lease with a specified term of one year or more, no more than one month's rent. For a month-to-month or undefined-term tenancy there is no cap in the first year, but once the tenancy reaches one year the cap becomes one month's rent and the landlord must immediately credit back any excess.
- Pet deposit: allowed, capped at one month's rent; pet damage is taken from the pet deposit first.
- Return: within 20 days of termination, with an itemized list of damages.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Delaware
Delaware caps late fees at 5% of the monthly rent, and a late charge cannot be imposed until 5 days after the due date (25 Del. C. § 5501(d)). The cap is conditional on the landlord maintaining an office (or a designated place to pay rent) in the county where the unit is located; if the landlord does not, the tenant gets 3 additional days before a late fee applies. A late charge is treated as additional rent.
Notice periods to end or not renew a Delaware lease
Delaware notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 60 days (period begins the first of the next month) | § 5106 |
| Renewal on modified terms (rent increase, etc.) | 60 days; tenant then has 15 days to terminate | § 5107 |
| Nonpayment of rent | 5-day notice to pay or the agreement terminates | § 5502 |
Self-help eviction is unlawful; the landlord must bring a summary-possession action.
What disclosures must Delaware landlords provide?
Delaware's required disclosures:
- Landlord-Tenant Code Summary (§ 5118): the state Summary (prepared by the Consumer Protection Unit) must be given to a new tenant at the start of the term; if it isn't, the tenant may plead ignorance of the Code as a defense.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a Delaware lease is missing required terms?
Specific failures carry specific consequences:
- Deposit over the cap (year-long leases): the tenant can recover the excess.
- Missed 20-day return: exposes the landlord to the wrongfully withheld amount and possible double damages.
- No Code Summary: lets the tenant plead ignorance of the Code as a defense (§ 5118).
Managing rentals in more than one state? Compare Delaware's rules with our Maryland and Pennsylvania lease requirement guides.
Full Delaware disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Delaware landlord must give at signing, see our Delaware required lease disclosures checklist.
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Create your Delaware lease agreement →Frequently asked questions
What is the maximum security deposit in Delaware?
For a lease of one year or more, one month's rent. For a month-to-month tenancy there is no cap in the first year, but once it reaches a year the cap is one month's rent and the excess must be credited back (25 Del. C. § 5514).
How long does a Delaware landlord have to return a security deposit?
Within 20 days of termination, with an itemized list of damages (25 Del. C. § 5514).
What is the late-fee limit in Delaware?
Five percent of the monthly rent, chargeable only after a 5-day grace period, and only if the landlord keeps an office or payment location in the county (otherwise the tenant gets 3 extra days) (25 Del. C. § 5501).
How much notice is required to end a month-to-month tenancy in Delaware?
Sixty days, with the period beginning the first day of the next month (25 Del. C. § 5106). Nonpayment requires a separate 5-day notice (§ 5502).
What must a Delaware landlord disclose?
The state Summary of the Landlord-Tenant Code at the start of the term (25 Del. C. § 5118), plus the federal lead-based paint disclosure for pre-1978 housing.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.