Delaware

Prepare notices to serve on your tenant or your landlord with these downloadable template Landlord and Tenant Notice Forms for Delaware.

Q. Can Delaware landlords charge a late fee if the rent is late?

A. The Delaware Residential Landlord-Tenant Code provides that rent is due and payable on the date set out in the rental agreement / lease. If the tenant fails to pay the rent on the due date, the landlord may give a 5-day notice to pay or move. If the tenant does not comply, the landlord can start the eviction process and may also have the right to charge late fees. The amount of the late fee cannot exceed 5% of the monthly rent and cannot be charged unless the rent is more than 5 days late.

Q. How much notice must the landlord give to the tenant before the rent can be increased?

A. For a month-to-month rental in Delaware, the landlord must give the tenant at least 60 days written notice before any change to the rental agreement can come into effect, including a rental increase. The tenant then has 15 days in which to terminate the tenancy. Under a fixed term lease, the rent cannot be increased until the renewal of the lease term unless the lease agreement specifically provides for rental increases.

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