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Rent Increase Notice Laws in Delaware

Delaware requires at least 60 days' written notice before a rental agreement is renewed with a rent increase or other changed terms, and month-to-month is the default term.

Last checked . General information, not legal advice.

Delaware at a glance

Notice for month-to-month increase
60 days
The notice must state the new rent and the date it takes effect. Rent tied to HUD income rules follows HUD rules instead.
Longer notice rule
No; 60 days for any change
If the tenant does not give notice to terminate at least 45 days before the term ends, the new terms are deemed accepted.

Sources

Last checked

The rules in Delaware

How much notice must a landlord give before raising rent on a month-to-month tenancy in Delaware?

Notice for month-to-month increase in Delaware: 60 days. The notice must state the new rent and the date it takes effect. Rent tied to HUD income rules follows HUD rules instead.

Does Delaware require longer notice for large rent increases or long tenancies?

Longer notice rule in Delaware: No; 60 days for any change. If the tenant does not give notice to terminate at least 45 days before the term ends, the new terms are deemed accepted.

Where do the Delaware rent increase notice laws come from?

The rules above come from 25 Del. C. 5107 and 25 Del. C. 5106. Each source is linked on this page. We last checked them in October 2026.

Good to know

Where no term is stated, a Delaware rental agreement is deemed month-to-month, and either side must give 60 days' written notice to end a month-to-month agreement.

What this means in practice

Put the rent increase in writing, state the new amount and the date it takes effect, and keep a copy along with proof of how and when it was delivered. Count the notice period from the date the tenant actually receives the notice, and check whether your state adds extra days for mailed notices.

Check local law as well as state law. Some cities and counties have rent stabilization ordinances, registration rules, or longer notice periods, and subsidized or rent-regulated units often follow separate federal or program rules.

A rent increase cannot be used to retaliate against a tenant for making a repair request or complaint, or to discriminate against a protected group. If the timing of an increase could look retaliatory, document the business reason for it.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.