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Delaware Landlord Guide

Everything you need to know about landlord-tenant laws, security deposits, eviction procedures, and property management in Delaware.

Security Deposit
1 month rent
Return Period
20 days after move-out
Non-Payment Notice
5-day notice to pay or quit
Rent Control
No

Delaware Rental Market Overview

Delaware's rental market centers on Wilmington and the northern New Castle County area near Philadelphia. The state has moderate tenant protections with a security deposit limit of 1 month rent for properties with year+ leases. Delaware's Residential Landlord-Tenant Code provides clear guidelines. The state's favorable business climate attracts corporations (many incorporated in Delaware), supporting rental demand. Beach communities see seasonal rental activity. The eviction process is moderately paced with summary possession procedures.

Security Deposit Rules

Maximum Deposit

1 month rent (leases 1+ year); no limit for shorter terms

Return Timeline

20 days after move-out

Allowed Deductions

  • Unpaid rent
  • Damage beyond normal wear
  • Lease breach costs

Eviction Process

Notice Periods

Non-Payment of Rent
5-day notice to pay or quit
Lease Violation
7-day notice for lease violations
Month-to-Month Termination
60 days for month-to-month

Court Process

File summary possession action in Justice of the Peace Court. Hearing within 15-25 days. Standard eviction takes 4-6 weeks.

Required Landlord Disclosures

Delaware law requires landlords to provide the following disclosures to tenants:

  • Lead-based paint disclosure (pre-1978)
  • Owner or property manager identity
  • Summary of Landlord-Tenant Code rights

Late Fee Rules

Cannot exceed 5% of monthly rent. Grace period of 5 days required. Fee can only be charged after grace period.

Frequently Asked Questions

Manage Delaware Properties with UnitHub

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