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Delaware Lease Agreement
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Delaware at a glance: Security Deposit Limit: 1 month's rent (after year 1) · Deposit Return Deadline: 20 days after move-out · Notice to Terminate Month-to-Month: 60 days
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Overview
Lease Agreements in Delaware
Delaware landlord-tenant law is governed by Del. Code Ann. tit. 25, § 5101 (Residential Landlord-Tenant Code). Delaware caps security deposits at one month's rent after the first year and requires them returned within 20 days of move-out.
Delaware tenants enjoy strong protections including a required 60-day notice to terminate month-to-month tenancies and mandatory lease disclosures. Delaware has no statewide rent control.
Key Facts
Delaware Lease Agreement — Quick Reference
| Requirement | Delaware Rule |
|---|---|
| Security Deposit Limit | 1 month's rent (after year 1) |
| Deposit Return Deadline | 20 days after move-out |
| Notice to Terminate Month-to-Month | 60 days |
| Eviction Notice (Non-Payment) | 5-Day Notice |
| Rent Control | None |
| Governing Law | Del. Code Ann. tit. 25, § 5101 |
Legal Requirements
Delaware Legal Requirements
- Security deposit limited to 1 month's rent after the first year.
- Deposits must be returned within 20 days with itemized deductions.
- Landlords must provide a written rental agreement for all tenancies.
- Lead paint disclosure required for pre-1978 properties.
- At least 24 hours' notice required before landlord entry.
Governing Laws
Delaware Governing Laws
Del. Code Ann. tit. 25, § 5514
Security Deposits
Limits deposits to 1 month's rent after the first year and requires return within 20 days with itemized deductions.
Del. Code Ann. tit. 25, § 5106
Landlord Right of Entry
Requires at least 24 hours' advance notice before landlord entry except in emergencies.
Read the full text of these laws at Cornell Law School's Delaware legal resources or your state legislature's official website.
Questions & Answers
Delaware Lease Agreement — Frequently Asked Questions
What notice is required to end a month-to-month lease in Delaware?
Delaware requires 60 days' written notice from either the landlord or tenant to terminate a month-to-month tenancy.
How quickly must a Delaware landlord return a security deposit?
Within 20 days of the tenant moving out. The landlord must provide an itemized written statement of any deductions. Failure to do so forfeits the right to retain any portion of the deposit.
Does Delaware have rent control?
No. Delaware does not have statewide rent control.