Delaware Rental Lease Laws: What Your Lease Can and Can't Say

Delaware lease law FAQ

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

Delaware generally limits security deposits to 1 month's rent (leases of 1+ years). Conditions can apply — see the Delaware security deposit limit guide for details.

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

Generally 20 days after move-out. Conditions can apply — see the Delaware deposit return deadline guide for details.

Do landlords have to pay interest on security deposits in Delaware?

No statewide statute requires it in Delaware, though local ordinances or your lease can add the obligation. Conditions can apply — see the Delaware deposit interest rules guide for details.

How much notice does a landlord need to enter my apartment in Delaware?

Generally at least 48 hours. Conditions can apply — see the Delaware landlord entry notice guide for details.

Is there a limit on late fees in Delaware?

Yes — late fees are generally capped at 5% of monthly rent. Conditions can apply — see the Delaware late fee laws guide for details.

How many days late can rent be before fees in Delaware?

Delaware provides a 5-day grace period before late fees, applying generally, extending to 8 days when the landlord has no permanent office in the county for rent payment. Conditions can apply — see the Delaware rent grace period guide for details.

What lease clauses are illegal in Delaware?

Delaware law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights under delaware code; confession of judgment clause.

What disclosures must a landlord provide in Delaware?

Delaware requires: Lead Paint (Disclosure of known lead-based paint hazards for housing built before 1978); Security Deposit Location (Name and location of bank where security deposit is held); Owner/Agent Identity (Name and address of owner or authorized agent).