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.

Delaware • Updated 2025

Delaware Lease Agreement Template

Free, state-specific lease agreement template fully compliant with Delaware law. Download instantly in PDF or Word format — no email required.

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.

Delaware Lease Agreement Key Facts

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

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.

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.

Delaware Lease Agreement — FAQ

Legal Disclaimer

This template is provided for informational purposes only and does not constitute legal advice. Laws may have changed — consult a licensed Delaware attorney for complex situations.